Government of the Republic of Malawi

Accelerating Malawi’s Economic Growth

Roads Authority

Request for Proposals Documents

For the

Procurement of Consultancy services

(Lump Sum Contracts)

Part 1 - Section 1 Instructions to Bidders

NTCHEU-TSANGANO-NENO-MWANZA ROAD (S135 /

T396 / T397) ROAD

Subject of Procurement Consultancy Services for Feasibility Study and

Detailed Engineering Design for Upgrading of
Ntcheu-Tsangano-Neno-Mwanza (S135/T396/397)
Road

Procurement Reference RA/CON/DEV/CR/NU-MN/UP/2024-

Number
2025/34
Procurement Method Request for Proposals
Basis of Selection Quality and Cost Based Selection
Date of Issue of Request for 27th June 2024
Proposals Document

The Chief Executive Officer

The Roads Authority, Functional building, Paul Kagame Road

Private Bag B346

Lilongwe 3, MALAWI

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Part 1 - Section 1 Instructions to Bidders

Table of Contents

Part 1 - Bidding Procedures

Section 1 – Instructions to Bidders
Section 2 – Bid Data Sheet
Section 3 – Evaluation Criteria
Section 4 – Bidding Forms
Section 5 – Eligible Countries
Part 2 - Schedule of Requirement
Section 6 – Terms of Reference
Part 3 - Contract
Section 7 – General Conditions of Contract
Section 8 – Special Conditions of Contract
Section 9 – Contract Forms

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 4

Part I - Section 1: Instructions to Bidders

 5

Section 1: Instructions to Bidders

Table of Clauses
A. General..................................................................................................................................... 5
1. Scope of Proposal.................................................................................................................... 5

2. Source of Funds....................................................................................................................... 5

3. Eligible Bidders......................................................................................................................... 5

4. Conflict of Interest..................................................................................................................... 5

5. Corrupt or Fraudulent Practices................................................................................................ 6

B. Request for Proposals Document......................................................................................... 7

6. Sections of Request for Proposals Document..........................................................................7

7. Clarification of Request for Proposals Document.....................................................................7

8. Amendment of Request for Proposals Document.....................................................................7

C. Preparation of Proposals........................................................................................................ 8
9. Preparation of Proposals.......................................................................................................... 8

10. Language of Proposals............................................................................................................. 8

11. Joint Ventures, Associations and Subcontracting.....................................................................8

12. Professional Staff..................................................................................................................... 8

13. Contents of Technical Proposals.............................................................................................. 9

14. Contents of Financial Proposals............................................................................................... 9

15. Currencies of Proposal........................................................................................................... 10

D. Submission and Opening of Proposals..............................................................................10

16. Submission of Proposal.......................................................................................................... 10

17. Validity of Proposal................................................................................................................. 10

18. Withdrawal, Substitution and Modification of Proposals..........................................................11

19. Proposal Opening................................................................................................................... 11

E. Evaluation of Proposals....................................................................................................... 12
20. Confidentiality......................................................................................................................... 12

21. Clarification of Proposals........................................................................................................ 12

22. Responsiveness of Proposals................................................................................................ 12

23. Nonconformities, Errors and Omissions.................................................................................12

Part 1 - Section 1 Instructions to Bidders

24. Preliminary Examination of Proposals....................................................................................12

25. Technical Evaluation of Proposals.......................................................................................... 13

26. Financial Proposal Opening.................................................................................................... 13

27. Financial Evaluation of Proposals........................................................................................... 13

28. Comparison of Proposals....................................................................................................... 14

29. Negotiations............................................................................................................................ 14

F. Award of Contract................................................................................................................. 15
30. Award of Contract................................................................................................................... 15

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Part 1 - Section 1 Instructions to Bidders

Section I. Instructions to Bidders

A. General
1. Scope of Proposal

1.1 The Procuring Entity indicated in the Bid Data Sheet (BDS) invites technical and financial
proposals for the consulting services described in Section 6, Terms of Reference. The
proposal could form the basis for future negotiations and ultimately a contract between
your firm and the Procuring Entity.
1.2 The procurement reference number and a brief description of the Assignment and its
objectives are given in the BDS.
1.3 The Assignment shall be implemented in accordance with the phasing indicated in the
Terms of Reference. When the Assignment includes several phases, continuation of
services for the next phase shall be subject to satisfactory performance of the previous
phase, as determined by the Procuring Entity.

2. Source of Funds

2.1 The Procuring Entity has an approved budget from public funds towards the cost of the
procurement described in the BDS. The Procuring Entity intends to use these funds to
place a contract for which this Request for Proposals is issued.
2.2 Payments will be made directly by the Procuring Entity and will be subject in all respects to
the terms and conditions of the resulting contract placed by the Procuring Entity.

3. Eligible Bidders

3.1 A Bidder shall:

(a) have the legal capacity to enter into a contract;
(b) not be insolvent, in receivership, bankrupt or being wound up, not have had their
business activities suspended and not be the subject of legal proceedings for any of
the foregoing; and
(c) have fulfilled their obligations to pay taxes according to the tax laws of their country of
registration.
3.2 In order to demonstrate compliance with the criteria in ITB Sub-Clause 3.1, a Bidder
shall submit with its Proposal appropriate documentary evidence demonstrating its
compliance.
3.3 All bidders (including all members of a joint venture, subconsultants and Personnel)
shall have the nationality of an eligible country, as defined in Section 5, Eligible
Countries.
3.4 Government-owned enterprises in the Republic of Malawi may only participate if they
are legally and financially autonomous, operate under commercial law, and are not a
dependent agency to the Procuring Entity.
3.5 A Bidder that has been debarred from participating in public procurement in accordance
with ITB Sub-Clause 5.1(c), at the date of the deadline for proposal submission or
thereafter, shall be disqualified.

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Part 1 - Section 1 Instructions to Bidders

4. Conflict of Interest

4.1 The Government of the Republic of Malawi (hereinafter called “the Government”)
requires that Consultants provide professional, objective, and impartial advice and at all
times hold the Procuring Entity’s interests paramount, strictly avoid conflicts with other
assignments or their own corporate interests and act without any consideration for
future work. Without limitation on the generality of the foregoing, Suppliers, and any of
their affiliates, shall be considered to have a conflict of interest and shall not be
recruited, under any of the circumstances set forth below:
(a) A firm that has been engaged by the Procuring Entity to provide goods, works or
services other than consulting services for a project, and any of its affiliates, shall be
disqualified from providing consulting services related to those goods, works or
services. Conversely, a firm hired to provide consulting services for the preparation
or implementation of a project, and any of its affiliates, shall be disqualified from
subsequently providing goods or works or services other than consulting services
resulting from or directly related to the firm’s consulting services for such
preparation or implementation. For the purpose of this paragraph, services other
than consulting services are defined as those leading to a measurable physical
output, for example surveys, exploratory drilling, aerial photography, and satellite
imagery.
(b) A Consultant (including its Personnel and Sub-Consultants) or any of its affiliates
shall not be hired for any assignment that, by its nature, may be in conflict with
another assignment of the Consultant to be executed for the same or for another
Procuring Entity. For example, a Consultant hired to prepare engineering design for
an infrastructure project shall not be engaged to prepare an independent
environmental assessment for the same project, and a Consultant assisting a
Procuring Entity in the privatization of public assets shall not purchase, nor advise
purchasers of, such assets. Similarly, a Consultant hired to prepare Terms of
Reference for an assignment should not be hired for the assignment in question.
(c) A Consultant (including its Personnel and Sub-Consultants) that has a business or
family relationship with a member of the Procuring Entity’s staff who is directly or
indirectly involved in any part of (i) the preparation of the Terms of Reference of the
assignment, (ii) the selection process for such assignment (iii) a member of the
Procuring Entity’s Internal Procurement Committee, or (iv) supervision of the
Contract, may not be awarded a Contract, unless the conflict stemming from this
relationship has been resolved in a manner acceptable to the Government
throughout the procurement process and the execution of the Contract.
4.2 Consultants have an obligation to disclose any situation of actual or potential conflict
that impacts their capacity to serve the best interest of the Procuring Entity, or that may
reasonably be perceived as having this effect. Failure to disclose said situations may
lead to the disqualification of the Consultant or the termination of its Contract.
4.3 No agency or current employees of the Procuring Entity shall work as a Consultant
under their own ministries, departments or agencies. Recruiting former government
employees of the Procuring Entity to work for their former ministries, departments or
agencies is acceptable provided no conflict of interest exists. Bidders should be aware
that existing government employees can only be nominated as personnel in Technical

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Part 1 - Section 1 Instructions to Bidders

Proposals in accordance with the Government of Malawi’s current regulations

concerning external employment for government employees.
4.4 If a shortlisted Bidder could derive a competitive advantage from having provided
consulting services related to the assignment in question, the Procuring Entity shall
make available to all shortlisted Bidders together with this RFP all information that
would in that respect give such Bidder any competitive advantage over competing
Bidders.

5. Corrupt or Fraudulent Practices

5.1 The Government requires that Procuring Entities, as well as Bidders and Suppliers
under government-financed contracts, observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this policy, the
Government:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) "corrupt practice" means the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence the action of a public official in the
procurement process or in contract execution;
(ii) "fraudulent practice" means a misrepresentation or omission of facts in
order to influence a procurement process or the execution of a contract;
(iii) “collusive practices” means a scheme or arrangement between two or more
Bidders, with or without the knowledge of the Procuring Entity, designed to
establish prices at artificial, noncompetitive levels; and
(iv) “coercive practices” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of a contract.
(b) will reject a recommendation for award if it determines that the Bidder recommended
for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or
coercive practices in competing for the contract in question; and
(c) will debar a Bidder from participation in public procurement for a specified period of
time if it at any time determines that the firm has engaged in corrupt, fraudulent,
collusive or coercive practices in competing for, or in executing, a contract.
B. Request for Proposals Document
6. Sections of Request for Proposals Document

6.1 The Request for Proposals Document consist of Parts 1, 2, and 3, which include all the
Sections indicated below, and should be read in conjunction with any Addenda issued in
accordance with ITB Clause 8.
Part 1 Bidding Procedures
 Section 1 Instructions to Bidders (ITB)

 Section 2 Bid Data Sheet (BDS)

 Section 3 Evaluation Criteria

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Part 1 - Section 1 Instructions to Bidders

 Section 4 Bidding Forms

 Section 5 Eligible Countries

Part 2 Schedule of Requirements
 Section 6 Terms of Reference
Part 3 Contract
 Section 7 General Conditions of Contract (GCC)

 Section 8 Special Conditions of Contract (SCC)

 Section 9 Contract Forms

7. Clarification of Request for Proposals Document

7.1 Bidders requiring a clarification of the Request for Proposals Document must notify the
Procuring Entity, in writing, not later than fourteen (14) days before the proposal
submission date. Any request for clarification shall be sent to the Procuring Entity’s
address indicated in the BDS. The Procuring Entity shall respond in writing to such
requests, and copies of the response shall be sent to all invited Bidders.

8. Amendment of Request for Proposals Document

8.1 At any time before the submission of proposals, the Procuring Entity may, for any reason,
whether at its own initiative or in response to a clarification requested by an invited Bidder,
modify the Documents by amendment. The amendment shall be sent in writing to all
invited Bidders and will be binding on them. The Procuring Entity may at its discretion
extend the deadline for the submission of proposals.

C. Preparation of Proposals
9. Preparation of Proposals

9.1 You are requested to submit separate technical and financial proposals.
9.2 In preparing the proposal, you are expected to examine all terms and instructions included
in the Request for Proposals Document. Failure to provide all requested information shall
be at your own risk and may result in rejection of your proposal.

9.3 To obtain first-hand information on the Assignment and on the local conditions, bidders are
encouraged to pay a visit to the Procuring Entity before submitting a proposal and attend a
pre-proposal conference if specified in the BDS. Bidders must fully inform themselves of
local conditions and take them into account in preparing their proposal.
9.4 The Procuring Entity shall provide the inputs specified in the Terms of Reference, assist
the Supplier in obtaining licenses and permits needed to carry out the services, and make
available relevant project data and reports.
9.5 Please note that the costs of preparing the proposal and of negotiating the contract,
including a visit to the Procuring Entity, are not reimbursable as a direct cost of the
Assignment;
9.6 Please note that the Procuring Entity is not bound to accept any of the proposals

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Part 1 - Section 1 Instructions to Bidders

submitted.

10. Language of Proposals

10.1 The proposal, as well as all correspondence and documents relating to the proposal
exchanged by the Bidder and the Procuring Entity, shall be written in English.
10.2 Study reports must be in the Language(s) specified in the Terms of Reference. Working
knowledge of the national language by the firm’s personnel is recommended.

11. Joint Ventures, Associations and Subcontracting

11.1 If a Bidder considers that it does not have all the expertise for the assignment, it may
obtain a full range of expertise by associating with individual consultant(s) or other firms
or entities or by sub-contracting as appropriate.
11.2 Bidders shall not associate with other Bidders invited for this assignment, unless
otherwise specified in the BDS.
11.3 International Bidders for large contracts are encouraged to seek the participation of
national Consultants by entering into a joint venture with, associating with or
subcontracting part of the assignment to national Consultants.
11.4 The same subconsultant may be included in several proposals, subject to any limitations
in the BDS. Any limits on the percentage of the total proposed contract price which may be
subcontracted are stated in the BDS.

12. Professional Staff

12.1 The estimated number of key professional staff-months required for the Assignment is
stated in the BDS. Your proposal should be based on a number of key professional staff-
months substantially in accordance with the above number. Alternatively, for fixed-budget
assignments, the available budget is given in Section 3, Evaluation Criteria and the
Financial Proposal shall not exceed this budget.
12.2 It is desirable that the majority of the key professional staff proposed are permanent
employees of the Bidder or have an extended and stable working relationship with the
Bidder.
12.3 Proposed staff should have experience under conditions similar to those prevailing in the
Republic of Malawi.
12.4 No alternative to key professional staff may be proposed, and only one curriculum vitae
(CV) may be submitted for each position.

13. Contents of Technical Proposals

13.1 Your technical proposal shall provide the following and any additional information, using
the formats included in Section 4, Bidding Forms:
(a) The Technical Proposal Submission Sheet (Section 4, Form T1);
(b) A brief description of the Bidder’s organisation and an outline of recent experience on
assignments of a similar nature. (Section 4, Form T2). For each assignment, the
outline should indicate, inter alia, the profiles of the staff provided, duration, contract
amount and firm involvement;

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Part 1 - Section 1 Instructions to Bidders

(c) Any comments or suggestions on the Terms of Reference, including the data, services
and facilities to be provided by the Procuring Entity (Section 4, Form T3);
(d) A description of the approach, methodology and work plan that the Bidder proposes to
execute the services (Section 4, Form T4);
(e) The composition of the proposed staff team, the tasks which would be assigned to
each (Section 4, Form T5);
(f) CVs recently signed by the proposed key professional staff or an authorized manager
in the home office (Section 4, Form T6). Key information should include number of
years with the firm, and degree of responsibility held in various assignments during the
last ten (10) years;
(g) A Staffing Schedule, showing estimates of the total staff input to be provided to carry
out the Assignment (Section 4, Form T7), supported by bar chart diagrams showing
the time proposed for each professional staff member;
(h) A Work Schedule, showing the timing proposed for each activity, which must be
consistent with the methodology and workplan described in the proposal (Section 4,
Form T8); and
(i) Any additional information requested in the BDS.
13.2 The technical proposal shall not include any financial information.

14. Contents of Financial Proposals

14.1 The financial proposal shall list all costs associated with the assignment, using the
following standard forms contained in Section 4, Bidding Forms:
(a) Financial Proposal Submission Sheet (Section 4, Form F1);
(b) Summary of Proposal (or Activity ) Price (Section 4, Form F2);
(c) Summary of Fees (Section 4, Form F3);
(d) Summary of Reimbursables (Section 4, Form F4); and
(e) Any additional information requested in the BDS.
14.2 The total proposal price shall be broken down into the following cost components using
the appropriate forms:
(a) Fees for staff, indicating rates for home and field work, where appropriate; and
(b) Reimbursable expenditure, such as subsistence, transportation (international and
local for mobilisation and demobilisation), services and equipment (vehicles, office
equipment, furniture, and supplies), printing of documents, surveys etc.
14.3 Where indicated in the BDS, the total proposal price shall be broken down into separate
activities and forms F2 to F4 shall be completed for each activity.
14.4 The financial proposal should clearly estimate, as a separate amount, the local taxes
(including social security), duties, fees, levies, and other charges imposed on the
Consultant and their personnel (other than nationals of or permanent residents in the
Republic of Malawi), unless the BDS specifies otherwise.
14.5 The completed financial proposal forms, adjusted if necessary during evaluation or
negotiation, will be used in any resulting Agreement, to compile the: breakdown of
Contract Price in the case of a Lump Sum contract, which will be used only to

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Part 1 - Section 1 Instructions to Bidders

determine prices for any additional Services or costs;

14.6 Where commissions and gratuities have or shall be paid by the Bidder in relation to the
assignment these shall be listed in the Financial Proposal Submission Sheet.

15. Currencies of Proposal

15.1 Bidders may express the price of their services in Malawi Kwacha or any freely
convertible currency, unless otherwise indicated in the BDS. Bidders may not use more
than three currencies. The Procuring Entity may require Bidders to state the portion of
their price representing local cost in Malawia Kwacha, if so indicated in the BDS.

D. Submission and Opening of Proposals

16. Submission of Proposal

16.1 Bidders shall submit one original technical proposal and one original financial proposal
and the number of copies of each indicated in the BDS. Each proposal shall be in a
separate envelope indicating original or copy, as appropriate. All technical proposals shall
be placed in an envelope clearly marked “Technical Proposal,” and the financial
proposals in one marked “Financial Proposal.” The envelope containing the financial
proposal shall also bear a warning “DO NOT OPEN WITH THE TECHNICAL
PROPOSAL”. These two envelopes, in turn, shall be sealed in an outer envelope
bearing the address and information indicated in the BDS. The envelope shall be clearly
marked: “DO NOT OPEN, EXCEPT IN PRESENCE OF THE INTERNAL
PROCUREMENT COMMITTEE.”

16.2 In the event of any discrepancy between the copies of the proposals, the original shall
govern. The original and each copy of the technical and financial proposal shall be
prepared in indelible ink and shall be signed by the authorized Supplier’s representative.
The representative’s authorization shall be confirmed by a written power of attorney
accompanying the proposals, unless otherwise indicated in the BDS. All pages of the
technical proposal shall be initialed by the person or persons signing the proposal.
16.3 The proposal shall contain no interlineation or overwriting except as necessary to correct
errors made by the Bidders themselves. Any such corrections shall be initialed by the
person or persons signing the proposal.
16.4 The completed technical and financial proposals shall be delivered on or before the time
and date stated in the BDS to the address indicated in ITB Sub-Clause 16.1. The
Procuring Entity shall not consider any proposal that arrives after the deadline for
submission of proposal. Any proposal received by the Procuring Entity after the
deadline for submission of proposals shall be declared late, rejected, and returned
unopened to the Bidder.

17. Validity of Proposal

17.1 The proposals shall be valid for the number of days stated in the BDS from the date of the
deadline for submission. During this period, Bidders shall keep available the professional
staff proposed for the assignment. The Procuring Entity shall make its best effort to
complete negotiations within this period.

18. Withdrawal, Substitution and Modification of Proposals

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Part 1 - Section 1 Instructions to Bidders

18.1 A Bidder may withdraw, substitute, or modify its proposal after it has been submitted by
sending a written notice, duly signed by an authorized representative, and shall include
a copy of the authorization in accordance with ITB Sub-Clause 16.2. The corresponding
substitution or modification of the proposal must accompany the respective written
notice. All notices must be:
(a) Submitted in accordance with ITB Clause 16 (except that withdrawals notices do not
require copies), and in addition, the respective envelopes shall be clearly marked
“Withdrawal,” “Substitution,” or “Modification;” and
(b) Received by the Procuring Entity prior to the deadline prescribed for submission of
proposals, in accordance with ITB Sub-Clause 16.5.
18.2 Proposals requested to be withdrawn in accordance with ITB Sub-Clause 18.1 shall be
returned unopened to the Bidders.
18.3 No proposal may be withdrawn, substituted, or modified in the interval between the
deadline for submission of proposals and expiry of the period of proposal validity
specified by the Bidder on the Technical Proposal Submission Sheet or any extension
thereof.

19. Proposal Opening

19.1 The Procuring Entity shall conduct the proposal opening in the presence of Bidders’
designated representatives who choose to attend, and at the address, date and time
specified in the BDS.
19.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the
envelope with the corresponding proposal shall not be opened, but returned to the
Bidder. Next, envelopes marked “SUBSTITUTION” shall be opened and read out and
exchanged with the corresponding proposal being substituted, and the substituted
proposal shall not be opened, but returned to the Bidder. Envelopes marked
“MODIFICATION” shall be opened and read out with the corresponding proposal. No
proposal withdrawal, substitution or modification shall be permitted unless the
corresponding notice contains a valid authorization to request the withdrawal,
substitution or modification and is read out at proposal opening. Only envelopes that
are opened and read out at proposal opening shall be considered further.
19.3 All other outer envelopes shall be opened one at a time, the technical proposals within
them opened, reading out: the name of the Bidder and any other details as the
Procuring Entity may consider appropriate.
19.4 No proposal shall be rejected at proposal opening except for late proposals, in
accordance with ITB Sub-Clause 16.4. Only proposals that are opened and read out at
the proposal opening shall be considered further.
19.5 The financial proposals shall remain sealed until the time and date notified for the
opening of the financial proposals. Evaluators of technical proposals shall have no
access to the financial proposals until the technical evaluation is concluded and the
result established.
19.6 The Procuring Entity shall prepare a record of the proposal opening that shall include,

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Part 1 - Section 1 Instructions to Bidders

as a minimum: the name of the Bidder and whether there is a withdrawal, substitution,
or modification. The Bidders’ representatives who are present shall be requested to
sign the record. The omission of a Bidder’s signature on the record shall not invalidate
the contents and effect of the record. A copy of the record shall be distributed to all
Bidders, who formally request a copy.

E. Evaluation of Proposals
20. Confidentiality

20.1 Information relating to the examination, evaluation and comparison of proposals, and
recommendation for contract award, shall not be disclosed to Bidders or any other
persons not officially concerned with such process until information on Contract award
is communicated to all Bidders.
20.2 Any effort by a Bidder to influence the Procuring Entity in the examination, evaluation
and comparison of the proposals or Contract award decisions shall result in the
rejection of its proposal.

21. Clarification of Proposals

21.1 To assist in the examination, evaluation and comparison of the proposals, the Procuring
Entity may, at its discretion, ask any Bidder for a clarification of its proposal. Any
clarification submitted by a Bidder in respect to its proposal, that is not in response to a
request by the Procuring Entity, shall not be considered. The Procuring Entity’s request
for clarification and the response shall be in writing. No change in the prices or
substance of the proposal shall be sought, offered, or permitted, except to confirm the
correction of arithmetic errors discovered by the Procuring Entity in the financial
evaluation of the proposals, in accordance with ITB Clause 27.

22. Responsiveness of Proposals

22.1 The Procuring Entity’s determination of a proposal’s responsiveness is to be based on

the contents of the proposal itself.
22.2 A substantially responsive proposal is one that conforms to all the terms, conditions,
and requirements of the Request for Proposals without material deviation, reservation,
or omission. A material deviation, reservation, or omission is one that:
(a) affects in any substantial way the scope, quality, or performance of the Consultancy
Services specified in the Contract; or
(b) limits in any substantial way, inconsistent with the Request for Proposals, the
Procuring Entity’s rights or the Supplier’s obligations under the Contract; or
(c) if rectified would unfairly affect the competitive position of other Bidders presenting
substantially responsive proposals.
22.3 If a proposal is not substantially responsive to the Request for Proposals, it shall be
rejected by the Procuring Entity and may not subsequently be made responsive by the
Bidder by correction of the material deviation, reservation, or omission.

23. Nonconformities, Errors and Omissions

23.1 Provided that a proposal is substantially responsive, the Procuring Entity may waive

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Part 1 - Section 1 Instructions to Bidders

any non-conformities or omissions in the proposal that do not constitute a material

deviation.
23.2 Provided that a proposal is substantially responsive, the Procuring Entity may request
that the Bidder submit the necessary information or documentation, within a reasonable
period of time, to rectify nonmaterial nonconformities or omissions in the proposal
related to documentation requirements. Such omission shall not be related to any
aspect of the price of the proposal. Failure of the Bidder to comply with the request may
result in the rejection of its proposal.

24. Preliminary Examination of Proposals

24.1 The Procuring Entity shall examine the proposals to confirm that:
(a) the Bidder meets the eligibility criteria defined in ITB Clause 3;
(b) the proposal has been properly signed;
(c) all documents and information requested in ITB Clause 13 have been provided; and
(d) the proposal is substantially responsive to the requirements of the RFP document.
24.2 The Procuring Entity shall confirm that the following documents and information have
been provided:
(a) Technical Proposal Submission Sheet, including a brief description of the services
offered and the proposal validity period;
(b) Separately sealed financial proposal;
(c) Written confirmation of authorization to commit the Bidder;
(d) Any other documentation as may be required by the Procuring Entity
24.3 If the proposal fails to meet the criteria specified in ITB Sub-Clause 24.1, it shall be
rejected.

25. Technical Evaluation of Proposals

25.1 The Procuring Entity shall technically evaluate the proposals on the basis of the
Bidder’s responsiveness to the Terms of Reference, applying the evaluation criteria,
sub-criteria and maximum points specified in Section 3. Each responsive proposal will
be given a technical score. A proposal shall be rejected at this stage if it does not
respond to important aspects of the Terms of Reference or if it fails to achieve any
minimum technical score indicated in Section 3.
25.2 The proposals proceeding to the financial evaluation shall be determined in accordance
with the methodology and criteria specified in Section 3.

26. Financial Proposal Opening

26.1 After the technical evaluation is completed, the Procuring Entity shall notify those
Bidders whose proposals will not pass to the financial evaluation, indicating that their
financial proposals will be returned unopened after completing the evaluation process.
The Procuring Entity shall simultaneously notify the Bidder(s) whose proposals will
proceed to the financial evaluation indicating the date and time set for opening the
financial proposal(s). The opening date shall not be sooner than one week after the

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Part 1 - Section 1 Instructions to Bidders

notification date. The notification will be sent in writing.

26.2 The financial proposal(s) shall be opened in the presence of the Bidders’
representatives who choose to attend. The name of the Bidder, the technical quality
score and the proposal price(s) shall be read aloud and recorded when the financial
proposal(s) are opened. The Procuring Entity shall prepare minutes of the public
opening.

27. Financial Evaluation of Proposals

27.1 The Procuring Entity shall financially evaluate each proposal that has been opened as
stated in ITB Clauses 26.1 and 26.2 above.
27.2 The Procuring Entity will determine whether the financial proposals are complete. In the
case of lump sum contracts, activities and items described in the Technical Proposal but
not priced, shall be assumed to be included in the prices of other activities or items.
27.3 The Procuring Entity will correct any arithmetical errors on the following basis:
(a) if there is a discrepancy between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price shall prevail and the total
price shall be corrected, unless in the opinion of the Procuring Entity there is an
obvious misplacement of the decimal point in the unit price, in which case the
total price as quoted shall govern and the unit price shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction of
subtotals, the subtotals shall prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount in words shall
prevail, unless the amount expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject to (a) and (b) above.
If the Bidder that submitted the best evaluated proposal does not accept the correction of
errors, its proposal shall be disqualified.
27.4 Where an activity or line item is quantified in the Financial Proposal differently from the
Technical Proposal no corrections shall be applied to the Financial Proposal in this
respect.
27.5 The Procuring Entity shall convert all proposal prices expressed in various currencies
into the single currency specified in the BDS, using the official selling exchange rate
established by the source 14 calendar days prior to the date of submission of the
proposals, as specified in the BDS.
27.6 The evaluation shall include those taxes, duties, fees, levies, and other charges
imposed under the applicable law; and to be applied to foreign and non-permanent
resident consultants (and to be paid under the contract, unless the consultant is
exempted), and estimated in accordance with ITB Sub-Clause. 14.3, unless otherwise
indicated in the BDS.

28. Comparison of Proposals

28.1 The Procuring Entity shall compare all substantially responsive proposals to determine
the best evaluated proposal, in accordance with the methodology specified in Section 3,

17
Part 1 - Section 1 Instructions to Bidders

Evaluation Criteria.

29. Negotiations

29.1 Prior to the expiry of proposal validity, the Procuring Entity shall notify the successful
bidder in writing and invite it to negotiate the Contract at the location indicated in the BDS.
29.2 The aim is to reach agreement on all points and initial a draft contract by the conclusion of
negotiations.
29.3 Negotiations shall commence with a discussion of the technical proposal, including the
proposed methodology, work plan, staffing and any suggestions to improve the TOR.
Agreement shall then be reached on the final TOR, the staffing, and the staffing and work
schedules, which shall indicate activities, staff, periods in the field and in the home office,
staff months, logistics and reporting. Special attention shall be paid to optimizing the
required outputs from the Supplier within the available budget and to defining clearly the
inputs required from the Procuring Entity to ensure satisfactory implementation of the
Assignment.

29.4 Changes agreed upon shall then be reflected in the financial proposal, using proposed unit
rates. The fee rates will not be subject to negotiation, except in the case of Quality Based
Selection.
29.5 Having selected the lowest evaluated proposal on the basis of, among other things, an
evaluation of proposed key professional staff, the Procuring Entity expects to negotiate a
contract on the basis of the staff named in the proposal. Prior to contract negotiations, the
Procuring Entity shall require assurances that the staff members will be actually available.
The Procuring Entity shall not consider substitutions during contract negotiations except in
cases of unexpected delays in the starting date or incapacity of key professional staff for
reasons of health.
29.6 The negotiations shall be concluded with a review of the draft form of the contract. The
Procuring Entity and the Bidder shall finalise the contract to conclude negotiations. If
negotiations fail, the Procuring Entity shall invite the next ranked Bidder to Contract
negotiations.

F. Award of Contract
30. Award of Contract

30.1 The Procuring Entity shall award the Contract to the Bidder whose proposal has been
determined to be the best evaluated proposal and is substantially responsive to the
Request for Proposals, subject to satisfactory negotiations and provided that such
Bidder has been determined to be eligible in accordance with the provisions of Clause
3.
30.2 Notwithstanding ITB Sub-Clause 30.1, the Procuring Entity reserves the right to accept
or reject any proposal, and to cancel the procurement process and reject all proposals,
at any time prior to the award of Contract, without thereby incurring any liability to the
affected Bidder or bidders or any obligation to inform the affected Bidder or bidders of
the grounds for the Procuring Entity’s action.
30.3 The Bidder whose proposal has been accepted will be notified of the award in writing by

18
Part 1 - Section 1 Instructions to Bidders

the Procuring Entity prior to expiration of the proposal validity period. Following contract
award, the Procuring Entity shall promptly inform the other Bidders that their proposals
have not been selected.
30.4 The Procuring Entity shall publish in the Malawi Government Gazette the results of the
award of contract, as required by the Public Procurement and Disposal of Public Assets
Act 2017.

19
 20

Part I - Section 2 Bid Data Sheet

Part I - Section 2 Bid Data Sheet 21

Section 2. Bid Data Sheet

Instructions
to Bidders
Data relevant to ITB
(ITB)
reference

A. General

ITB 1.1 The Procuring Entity is: ROADS AUTHORITY

ITB 1.2 The procurement reference number is:

RA/CON/DEV/CR/UN-MN/UP/2024-25/34

The assignment is: Consultancy Services for the Feasibility Study and
ITB 2.1
Detailed Engineering Design for the Upgrading of Ntcheu-Tsangano-
N eno-Mwanza

Road

B. Request for Proposals Document

ITB 7.1 For clarification purposes only, the Procuring Entity’s address is:

The Chief Executive Officer

Roads Authority

Functional Building

Off Paul Kagame Road

Private Bag B346

Lilongwe 3

Att: Procurement Manager

E-mail: [email protected]

C. Preparation of Proposals
Part I - Section 2 Bid Data Sheet

Instructions
to Bidders
Data relevant to ITB
(ITB)
reference

ITB 9.3 A pre-proposal meeting shall be held

Date:

Time (local time):

Venue:

ITB 10.2 The reports must be in English.

ITB 11.2 International Bidders shall be required to meet the following National
Construction Industry Council (NCIC) regulations:
a. Practice of Construction Services by Foreign Consulting
Firms Regulations 2004.
b. Subcontracting and Joint Ventures by Foreign and Malawian
Construction Firms order 2014.

ITB 11.4 Limits on subcontracting are: 45%

ITB 12.1 The estimated number of key professional staff-months shall be 47

ITB 13.1 (i) The technical proposal shall include the following additional information:

Current commitments of firm, current commitments of proposed staff

ITB 14.1 (e) The financial proposal shall include the following additional information:

Build-up of remuneration rates (eg basic salary, housing allowance,

social charges etc)

ITB 14.3 The total proposal price shall be broken down into separate activities.

ITB 14.4 Only VAT on fees shall be indicated as separate amount

ITB 15.1 All bid rates and amounts shall be in Malawi Kwacha

D. Submission and Opening of Proposals

ITB 16.1 In addition to the original of the proposal, the number of copies is: Four (4)

22
Part I - Section 2 Bid Data Sheet

Instructions
to Bidders
Data relevant to ITB
(ITB)
reference

ITB 16.1 The address for proposal submission is:

The Chief Executive Officer

Roads Authority

Functional Building

Off Paul Kagame Road

Private Bag B346

Lilongwe 3, MALAWI

In addition to the address, the outer envelope shall bear the following
information:

(a) the procurement reference number;

(b) the title of the assignment;

(c) the name and address of the Bidder; and

(d) The date and time for opening of proposals.

ITB 16.4 The deadline for proposal submission is:

Date: 25th July 2024

Time (local time): 10:00 hours

ITB 17.1 The proposal validity period shall be One Hundred and Twenty (120)
days.

ITB 19.1 For proposal opening purposes only, the Procuring Entity’s address is:

The Chief Executive Officer

Roads Authority

Functional Building

Off Paul Kagame Road

23
Part I - Section 2 Bid Data Sheet

Instructions
to Bidders
Data relevant to ITB
(ITB)
reference
Private Bag B346

Lilongwe 3, MALAWI

The time for proposal opening is:

Date: 25th July 2024

Time (local time): 10:00 hours

E. Evaluation of Proposals

ITB 27.5 The currency that shall be used for proposal evaluation and comparison
purposes to convert all proposal prices expressed in various currencies
into a single currency is: Not applicable

The source of exchange rate shall be: Not applicable

ITB 27.6 The evaluation shall include all taxes, duties, fees, levies and other
charges.

ITB 29.1 For negotiations purposes only, the Procuring Entity’s address is:

The Chief Executive Officer

Roads Authority

Functional Building

Off Paul Kagame Road

Private Bag B346

Lilongwe 3, MALAWI

24
Part I - Section 3 Evaluation Criteria

Part I - Section 3 Evaluation Criteria

19
Part I - Section 3 Evaluation Criteria

Section 3. Evaluation Criteria

This section, read in conjunction with Section 1, Instructions to Bidders and Section 2, Bid
Data Sheet, contains all the factors, methods and criteria that the Procuring Entity shall use
to evaluate a proposal and determine the best evaluated proposal

20
Part I - Section 3 Evaluation Criteria

S/N ADMINISTRATIVE COMPLIANCE CHECK LIST

(Does the proposal comply with RFP requirements?)

1 One Proposal per firm in English only

2 One (1) original, (4) copies

Letter of incorporation, or other such document

3 indicating legal status, as well as any other
document showing that it intends to associate.

4 Bid Validity in accordance with RFP.

Power of Attorney on behalf of the Consultant and

5
its associates;

6 Form TECH 1 - Submission Form

Form TECH 2 – Consultant’s Organization and

7
Experience.

8 Form TECH 3 - Comments on the TORS

Form TECH 4 – Description of the Approach,

9
Methodology, and Work Plan

Form TECH 5- Team Composition, Key Experts

10
Inputs,

11 Form TECH 6- Curriculum Vitae (CV) (ITB13.1 (f))

12 Form TECH 7- Staffing Schedule

21
Part I - Section 3 Evaluation Criteria

S/N ADMINISTRATIVE COMPLIANCE CHECK LIST

(Does the proposal comply with RFP requirements?)

13 Form TECH 8- Work Schedule

14 All pages initialed by the authorized person

Substantially Compliant : Yes/No

22
Part I - Section 3 Bid Data Sheet 23

3. Technical Evaluation Criteria

The technical criteria and maximum number of points to be given under each are:

Criteria Maximum
Points
(a) Specific experience of the bidder related to the assignment (A 10
Minimum of five (5) projects of similar nature and complexity)
(b) Adequacy of the proposed work plan and methodology 25

(c) Qualifications and competence of the key staff for the Assignment 60

(d) Participation of Nationals (as reflected by nationals among key staff) 5

Total Points 100

Criteria, sub-criteria, and point system for the evaluation of the Full Technical Proposals:Points

(i) Specific experience of the Consultant (as a firm) relevant to the Assignment: 10
(ii) Adequacy and quality of the proposed methodology, and work plan in
responding to the Terms of Reference (TORs): 25
a) Technical approach and methodology 12

b) Work plan 8

c) Organization and staffing 5

Total points for criterion (ii): 25

(iii) Key Experts’ qualifications and competence for the Assignment: 60

a) K-1: Team Leader/Highway Design Engineer 14
General Qualifications 4.0

Adequacy for the assignment - Years 4.0

Adequacy for the assignment - Specific 4.0

Experience in the region and language 2.0

b) K-2: Materials/Pavement Engineer 8

General Qualifications 2.4

Adequacy for the assignment - Years 2.4

Adequacy for the assignment - Specific 2.4

Experience in the region and language 0.8

c) K-3: Structural Engineer 8

General Qualifications 2.4

Adequacy for the assignment - Years 2.4

Adequacy for the assignment - Specific 2.4

Part I - Section 3 Evaluation Criteria

Experience in the region and language 0.8

d) K-4: Hydrologist 6
General Qualifications 1.8

Adequacy for the assignment - Years 1.8

Adequacy for the assignment - Specific 1.8

Experience in the region and language 0.6

e) K-4: Contract Document Specialist 6

General Qualifications 1.8

Adequacy for the assignment - Years 1.8

Adequacy for the assignment - Specific 1.8

Experience in the region and language 0.6

f) K-5: Transport Economist 6

General Qualifications 1.8

Adequacy for the assignment - Years 1.8

Adequacy for the assignment - Specific 1.8

Experience in the region and language 0.6

g) K-5: Environmental and Social Expert 6

General Qualifications 1.8

Adequacy for the assignment - Years 1.8

Adequacy for the assignment - Specific 1.8

Experience in the region and language 0.6

h) K-5: Engineering Sirveyor 6

General Qualifications 1.8

Adequacy for the assignment - Years 1.8

Adequacy for the assignment - Specific 1.8

Experience in the region and language 0.6

Total Points for Criteria (iii) 60

The number of points to be given under each evaluation sub-criteria for (c) qualifications and
competence of the key staff for the assignment are:
Criteria Maximum

24
Part I - Section 3 Evaluation Criteria

Points
(a) General qualifications 30
(b) Adequacy for the assignment (The maximum points of 60 to be split as follows: 60
Number of years in the specific field (maximum of 30 points) and number of
projects carried out during the period (maximum of 30 points)
(c) Experience in the region and language 10

Total Points 100

The proposals proceeding to the financial evaluation shall be:

{For Quality & Cost Based Selection(QCBS), and Least Cost Selection}
All proposals reaching the minimum technical score of: 75%
{For Quality Based Selection(QBS)}
The proposal achieving the highest technical score only.

4. Financial Evaluation and Comparison of Proposals

Proposals will be compared using the following methodology to determine the best evaluated
proposal:

{For QCBS only}

To determine financial scores for each proposal, the lowest priced proposal shall be given a
financial score of 100, and other proposals shall be given a score proportionate to this, by
application of the following formula:

Sf = 100 x Fm/F in which:

Sf denotes the financial score of the proposal under consideration;
Fm is the price of the lowest price proposal that passed the technical evaluation;
F denotes the price of the proposal under consideration.

A total score (S) will be determined for each proposal, by combining its technical (St) and
financial (Sf) scores using the following formula and weightings:

S = (St x T%) + (Sf x P%)

The weights given to the scores of the Technical and Financial Proposals are:
T = [80]
P = [20]

Proposals will be ranked and the proposal achieving the highest total score will be
recommended for contract award, subject to satisfactory negotiations.

25
Part I - Section 4 Bidding Forms 26

Part I - Section 4 Bidding Forms

Part I - Section 4 Bidding Forms

Section 4 Bidding Forms

List of Forms

Technical Proposal – Standard Forms

T1 Technical Proposal Submission Sheet.
T2 Bidder’s Organisation and Experience.
T3 Comments and Suggestions on the Terms of Reference.
T4 Description of the Approach, Methodology and Work Plan for performing the
Assignment.
T5 Team Composition and Task Assignments.
T6 Curriculum Vitae for Proposed Professional Staff.
T7 Staffing Schedule.
T8 Work Schedule.
Financial Proposal - Standard Forms
F1 Financial Proposal Submission Sheet.
F2 Summary of Proposal (or Activity) Price.
F3 Summary of Fees.
F4 Summary of Reimbursables.

25
Part I - Section 4 Bidding Forms

Note to Bidders: This Technical Proposal Submission Sheet should be on the letterhead of
the Bidder and should be signed by a person with the proper authority to sign documents
that are binding on the Bidder. It should be included by the Bidder in its technical proposal.

T1 Technical Proposal Submission Sheet

Date: [insert date (as day, month and year) of proposal submission]
Procurement Reference No: [RA/CON/DEV/CR/UN-MN/2024-25/34]
To: [insert complete name of Procuring Entity]
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Request for Proposals, including
Addenda No.: [insert the number and issuing date of each Addenda];
(b) We offer to provide the consulting services for [insert a brief description of the
Services] in conformity with your Request for Proposals and our proposal;
(c) We hereby submit our proposal which includes this technical proposal, and a financial
proposal sealed under a separate envelope;
(d) Our proposal shall be valid for a period of [specify the number of calendar days]
days from the date fixed for the proposal submission deadline in accordance with the
Request for Proposals, and it shall remain binding upon us and may be accepted at
any time before the expiration of that period;
(e) We, including any associates, Joint Venture partners or Subconsultants for any part of
the contract, have nationals from eligible countries [insert the nationality of the
Bidder, including that of all parties that comprise the Bidder, if the Bidder is a
Joint Venture, consortium or association, and the nationality of each
subcontractor];
(f) We do not have any conflict of interest as defined in ITB Clause 4;
(g) We, our affiliates or subsidiaries – including any sub-consultants for any part of the
assignment - are not suspended, or excluded from participation in any public
procurement exercise by the Office of the Director of Public Procurement in Malawi in
accordance with ITB Sub-Clause 5.1(c);
(h) We are not under investigation by the Anti Corruption Bureau or any other law
enforcement body in Malawi relating to participation in any public procurement tender
exercise or execution of any public procurement contract relating to the purchase of
goods, works and services by any Procuring Entity.
(i) The names and physical addresses of the Directors of our firm are provided in the
table below or we enclose a copy of our latest Audited Accounts (issued within the last
twenty-four (24) months):

Name Address

26
Part I - Section 4 Bidding Forms

(j) Our Proposal is binding upon us, subject to modifications agreed during any contract
negotiations, and we undertake to negotiate on the basis of the staff proposed in our
proposal;
(k) We understand that this proposal, together with your written acceptance thereof, shall
constitute a binding contract between us, until a formal contract is prepared and
executed;
(l) We understand that you are not bound to accept any proposal that you may receive;
Name: [insert complete name of person signing the proposal]
In the capacity of [insert legal capacity of person signing the proposal]
Signed: [signature of person whose name and capacity are shown above]
Duly authorised to sign the proposal for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]

27
Part I - Section 4 Bidding Forms

Note to Bidders: The information requested is required in the format provided below and
should be included by the Bidder in its technical proposal.

T2 Bidder’s Organisation and Experience

Bidder’s Organisation
[Provide a brief (approximately two pages) description of your firm/entity (and each
associate for the assignment) – background, organisation etc.]

Bidder’s Experience

[Using the format below, provide information on relevant assignments carried out in
the last five years which best illustrate your experience, where your firm/entity (and
each associate for the assignment) provided services similar to the ones requested
under this assignment. Please provide the name and contact details of the officer
responsible for management by the client for each assignment.]

Assignment Name: Approx. value of the contract (in current

US$)

Country: Duration of assignment (months):

Location within Country:

Name of Client: Total No of staff-months1:

Contact Name Contact Details

Address: Approx. value of the services provided by

your firm (in current US$)

Start Date (Month/Year): Completion Date (Month/Year):

Name of Associated Consultants, If Any: No of professional staff-months provided by

associated Consultants:

Names of Senior Staff (Project Director/Coordinator, Team Leader) involved and functions
performed:

Narrative Description of Project:

Description of Actual Services Provided by Your Staff:

1
The minimum staff months to meet the minimum criteria shall be the staff months stated in ITB 12.1

28
Part I - Section 4 Bidding Forms

Bidder’s Name:

Note: A completion certificate from the Client is required to back up each completed service,
or a notice of acceptance letter and latest Invoice from Client for Services in progress above
70% completion.
Note to Bidders: The information requested is required in the format provided below and
should be included by the Bidder in its technical proposal. If none, include form and state
”None”.

T3 Comments and Suggestions on the Terms of Reference

(including the data, services and facilities to be provided by the Procuring Entity)
[Give any comments, suggestions or proposed improvements to the terms of
reference e.g. deleting unnecessary activities, proposing additional activities,
proposing different phasing etc. Any comments should be incorporated in your
proposal.
Also give any comments on the data, services and facilities to be provided by the
Procuring Entity e.g. administrative support, office space, local transportation,
equipment, data, counterpart staff etc.]

29
Part I - Section 4 Bidding Forms

Note to Bidders: The information requested is required in the format provided below and
should be included by the Bidder in its technical proposal.

T4 Description of Approach, Methodology and Work Plan

for performing the Assignment
[It is suggested that you present your Technical Proposal divided into the following
three chapters:

a) Technical Approach and Methodology,

b) Work Plan, and

c) Organisation and Staffing,

a) Technical Approach and Methodology. In this chapter you should explain your
understanding of the objectives of the assignment, approach to the services,
methodology for carrying out the activities and obtaining the expected output, and the
degree of detail of such output. You should highlight the problems being addressed
and their importance, and explain the technical approach you would adopt to address
them. You should also explain the methodologies you propose to adopt and highlight
the compatibility of those methodologies with the proposed approach.

b) Work Plan. In this chapter you should propose the main activities of the
assignment, their content and duration, phasing and interrelations, milestones
(including interim approvals by the Procuring Entity), and delivery dates of the
reports. The proposed work plan should be consistent with the technical approach
and methodology, showing understanding of the TOR and ability to translate them
into a feasible working plan. A list of the final documents, including reports, drawings,
and tables to be delivered as final output, should be included here. The work plan
should be consistent with the Work Schedule of Form T8.

c) Organisation and Staffing. In this chapter you should propose the structure and
composition of your team. You should list the main disciplines of the assignment, the
key expert responsible, and proposed technical and support staff.]

It is recommended that the approach, methodology and work plan, inclusive of charts
and diagrams, should be no more than 50 pages.]

30
Part I - Section 4 Bidding Forms

Note to Bidders: The information requested is required in the format provided below and should be included by the Bidder in its technical
proposal.

T5 Team Composition and Task Assignments

Professional Staff

Name FIRM Area of Expertise Position Tasks Assigned

31
Part I - Section 4 Bidding Forms

Note to Bidders: The information requested is required in the format provided below for each
named member of professional staff and should be included by the Bidder in its technical
proposal.

T6 Curriculum Vitae for Proposed Professional Staff

1. Proposed Position: [only one candidate for each position]
2. Name of Firm:

3. Name of Staff:
4. Date of Birth: Nationality:
5. Education: [indicate college/university and other specialised education, giving names of
institutions, degrees obtained and dates of obtained][*Include copies of all certificates mentioned in
the Curriculum Vitae]

6. Membership of Professional Associations: [*Include copies of membership certificates]

7. Other Training: [indicate other significant training not included under Education]

8. Countries of Work Experience: [list countries of work experience in the last ten years]

9. Languages: [indicate proficiency in each language as good, fair or poor for speaking, reading
and writing]

10. Employment Record: [starting with present position, list every employment held since
graduation, stating dates of employment, employing organisation and positions held]
From: [year] _______ To: [year]
Employer:
Positions held:

27

32
Part I - Section 4 Bidding Forms

11. Detailed Tasks Work Undertaken that Best Illustrates Capability to

Assigned: Handle the Tasks Assigned:
[list all tasks to be performed [indicate the following information for those assignments that
under this assignment] best illustrate the member of staff’s capability to handle the
tasks listed under point 11]
Name of assignment or project:
Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:

12. Current Commitment

[indicate the following information for those assignments that
you are currently undertaking]
Name of assignment or project:
Expected completion date:
Location:
Client:
Main project features:
Position:
Activities being performed:

13. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience. I understand that any wilful
misstatement described herein may lead to my disqualification or dismissal, if engaged.

___________________________________________ Date:

Signature of staff member or authorised representative of the staff

Day/Month/Year

33
Part I - Section 4 Bidding Forms

Full name of authorised representative: ___________________________

34
Part I - Section 4 Bidding Forms

STATEMENT OF EXCLUSIVITY AND AVAILABILITY 2

I, the undersigned, hereby declare that I agree to participate exclusively with the tenderer
<tenderer name> in the above-mentioned service tender procedure. I further declare that I
am able and willing to work for the period(s) foreseen for the position for which my CV has
been included in the event that this tender is successful, namely:

From To
< start of period 1 > < end of period 1 >
< start of period 2 > < end of period 2 >
< etc >

I confirm that I am not engaged in another RA-funded project in a position for which my
services are required during the above periods.

By making this declaration, I understand that I am not allowed to present myself as a

candidate to any other tenderer submitting a tender to this tender procedure. I am fully
aware that if I do so, I will be excluded from this tender procedure, the tenders may be
rejected, and I may also be subject to exclusion from other tender procedures and contracts
funded by the RA.

Furthermore, should this tender be successful, I am fully aware that if I am not available at
the expected start date of my services for reasons other than ill-health or force majeure, I
may be subject to exclusion from other tender procedures and contracts funded by the RA
and that the notification of award of contract to the tenderer may be rendered null and void.

Name

Signature

Date

2
To be completed by all key experts

35
Part I - Section 4 Bidding Forms

Note to Bidders: The information requested is required in the format provided below and should be included by the Bidder in its technical
proposal.
Staff input should be counted from the start date of the assignment and indicated in weeks or months, as appropriate. Professional staff should
be indicated individually by name; support staff should be indicated by category e.g. clerical staff. Input should be indicated separately for input
at home and in the field and for foreign and national staff, for the purpose of calculating travel, subsistence etc.

T7 Staffing Schedule

Foreign Staff Input (specify weeks or months) Total Staff Input

/
No Name of Staff
Nationa 1 2 3 4 5 6 7 8 9 10 11 12 In Malawi Outside Total
l Malawi

Totals

36
Part I - Section 4 Bidding Forms

Full time input

Part-time input
Note to Bidders: The information requested is required in the format provided below and should be included by the Bidder in its technical
proposal.
Indicate all main activities of the assignment, including milestones such as submission of reports and other deliverables. For phased
assignments, indicate activities separately for each phase.

T8 Work Schedule

Time Period (specify weeks or months)

No Activity
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th

37
Part I - Section 4 Bidding Forms

Note to Bidders: This Financial Proposal Submission Sheet should be on the letterhead of
the Bidder and should be signed by a person with the proper authority to sign documents
that are binding on the Bidder. It should be included by the Bidder in its financial proposal.

F1 Financial Proposal Submission Sheet

Date: [insert date (as day, month and year) of proposal submission]
Procurement Reference No: [insert Procurement Reference number]
To: [insert complete name of Procuring Entity]
We, the undersigned, declare that:
(a) We offer to provide the consulting services for [insert a brief description of the
Services]in conformity with your Request for Proposals and our technical and financial
proposals;
(b) The total price of our proposal is: [insert the total proposal price in words and
figures, indicating the various amounts and the respective currencies], inclusive of
local taxes [amend if local taxes are not required to be included];
(c) Our proposal shall be valid for a period of [specify the number of calendar days] days
from the date fixed for the proposal submission deadline in accordance with the Request
for Proposals, and it shall remain binding upon us, subject to any modifications resulting
from negotiations, and may be accepted at any time before the expiration of that period;
(d) The following commissions, gratuities, or fees have been paid or are to be paid with
respect to the bidding process or execution of the Contract: [insert complete name of
each Recipient, its full address, the reason for which each commission or gratuity
was paid and the amount and currency of each such commission or gratuity. If
none has been paid or is to be paid, indicate “none”];

Name and address of Purpose Reason Currency and Amount

Recipient

(e) We understand that you are not bound to accept any proposal that you receive;
Name: [insert complete name of person signing the proposal]
In the capacity of [insert legal capacity of person signing the proposal]
Signed: [signature of person whose name and capacity are shown above]
Duly authorised to sign the proposal for and on behalf of: [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]

38
Part I-Section 4 Bidding Forms 39

Note to Bidders: If BDS 14.3 requires the proposal price to be quoted separately for different Activities, complete this form as a “Summary of
Activity Price” for each activity and complete one overall Summary of Proposal Price.
State the currencies under (currency 1), (currency 2) etc. Delete unused columns.
For lump sum contracts, this financial information will be used as a breakdown of contract price in Appendix C of the contract. For unit price
contracts, this financial information will be used as the breakdown of cost estimates in Appendix C of the contract.

F2 Summary of Proposal (or Activity) Price

(Breakdown of Lump Sum or Cost Estimates)
State activity name or total proposal:____________________________________________

Cost item Cost (MWK)

1 Fees

2 Direct Costs

3 Cost for Mentoring of Graduate

Engineers

4 Provisional Sum for Training of Client’s 50,000,000

Staff

5 % for Handling Costs on item 4 above

6 VAT on Fees

Total
Part I - Section 4 Bidding Forms

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Part I - Section 4 Bidding Forms

Note to Bidders:. Complete this form for the total proposal or for each activity as indicated in the ITB.
The Bidder should complete a separate form for each currency or add currency columns and show up to three totals. Where required, enter
separate rates for home and field work.

F3 Summary of Fees
State activity name or total proposal:__________________________ Currency:_________

Name Position Input Unit Rate Total

Qty (Days/months
etc)

Total

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Part I - Section 4 Bidding Forms

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Part I - Section 4 Bidding Forms

Note to Bidders: Bidders may reproduce this form in landscape format, but are responsible for its accurate reproduction. The Bidder should
complete a separate form for each currency or add currency column and show up to three totals. Complete this form for the total proposal or for
each activity as appropriate.

F4 Summary of Direct Costs

State activity name or total proposal:__________________________ Currency:_________

Description of Cost Quantity Unit of Measure Unit Price Total Price

Total

Notes Local transportation costs are not to be included if local transportation is being made available by the Procuring Entity. Similarly, the
project site, office rent/accommodations/clerical assistance costs are not to be included if being made available by the Procuring Entity.
All other costs related to the study not specifically provided for in the financial proposal shall be deemed to have been included in the
other rates.

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Section 5 Eligible Countries 44

Section 5. Eligible Countries

Procurement Reference Number: RA/CON/DEV/RU/UN-MN/UP/2024-25/34

All countries are eligible except countries subject to the following provisions.

A country shall not be eligible if:

(a) as a matter of law or official regulation, the Government of the Republic of Malawi
prohibits commercial relations with that country, provided that the Government is
satisfied that such exclusion does not preclude effective competition for the
provision of the services required; or
(b) by an act of compliance with a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations, the Government of the
Republic of Malawi prohibits any procurement of services from that country or any
payments to persons or entities in that country.
Part 2-Section 6 Terms of Reference 45

Terms of Reference

Consultancy Services for the Feasibility Study

and Detailed Engineering Design of Ntcheu-
Tsangano-Neno-Mwanza (S135/T396/T397)
Road
Part 2 - Section 6 Terms of Reference

Terms of Reference
Feasibility Study and Detailed Engineering Design for the Upgrading of Ntcheu-
Tsangano-Neno-Mwanza Road (S135/T396/T397)

1.0 Background

The policy of the Government of Malawi (GoM) towards the roads sub-sector is to
build, maintain and ensure efficient utilization of the road infrastructure and other
services appropriate to meet the current and future development needs of the
economy. This includes helping the people in the rural areas to gain access to income
generating activities, such as agricultural activities and to social services such as
hospitals, schools etc. by providing reliable and durable roads; thus facilitating the
continued development of the country’s rural areas through increased agricultural
production, the mainstay of the country’s economy.

The current project contributes significantly to this objective since it is aimed at

providing reliable and durable bituminous road and bridges, which will enhance the
usage of the road network. Currently this is an earth road which is in continuous
deteriorating due to mostly environmental factors and becomes very slippery in some
sections during the rainy season.

The Roads Authority intends to apply part of the resources Roads Fund to finance
the Feasibility Study and Detailed Engineering Design for the upgrading of the
Ntcheu-Tsangano-Neno-Mwanza Road (S135/T396/T397) to bitumen standard.
Consultancy services are therefore required to carry out an economic and
environmental feasibility study, social impact assessment, detailed engineering
design and preparation of bidding documents for the upgrading works.

2.0 Description of the Road Project

The Ntcheu – Tsangano – Neno – Mwanza Road, is 140 Km long, of which 8.4 Km is
paved and the rest is an earth surface road. The road is in southern part of Malawi and
runs along the south-western border with Mozambique.

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The road traverses through the Rift Valley Scarp Zone linking the Central and
Southern Regions of Malawi and is characterized by hills and mountainous terrain with
very steep slopes. The major crossing is at Lisungwi river.

The road passes not only through medium densely populated villages but also through
some of the fertile areas in the country not open to habitation due to problems of
access during the rainy season on account of slippery road condition.

3.0 Objectives of the Assignment

The objectives of the assignment are to:

(i) Investigate and determine the technical and economic feasibility, and the
environmental and social impacts of upgrading the remaining 140 Km of the
Ntcheu-Tsangano-Neno-Mwanza earth road to an all-weather bitumen paved
road.

(ii) Prepare detailed engineering designs based on the findings of the feasibility
study as well as of the preliminary design and to prepare tender documentation
for the upgrading works (national competitive bidding).

4.0 Scope of the Services

The services are expected to be performed in two phases, namely:

Phase 1 - Feasibility Study with Economic Assessment, Environmental and Social

Impact Assessment, Resettlement Action Plan (RAP) and Preliminary Engineering
Design of the road.

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Phase 2 - Detailed Engineering Design, and production of Bidding Documents suitable

for National Competitive Bidding.

The services are expected to be performed in line with the Guidelines and Checklists
for this monitoring of Road Design Projects (GCMRDP). In addition the design shall
adopt the principle of ‘Building Back Better’ with respect to climate resilience.in this
respect, the consultant is expected to use the Malawi Guidelines for the Road Sector to
increase its Resilience to the Effects of Climate Change.

4.1 Phase 1 – Feasibility Study with Preliminary Engineering

Design

4.1.1 Feasibility Study - Scope of the Services

The feasibility study shall investigate the economic and social viability for the
upgrading of the existing earth road between Ntcheu-Tsangano-Neno-Mwanza
(S135/T396/T397) roads to Bitumen Surfaced Standard. The Feasibility Study
shall comprise an Economic Feasibility Study, Environmental and Social
Impacts Assessment Study together with Preliminary Engineering Design. The
consultant will also be required to make recommendations of the most viable
option in terms of cost and environmental/social considerations.

4.1.2 Economic Feasibility Study

(a) Traffic Count Survey

The Consultant shall carry out manual classified traffic counts for a
period of seven consecutive days on a minimum of 2 counting stations.
The counts are to include non-motorized traffic and are to be conducted
over an 18-hour period, 04:00-22:00 hours and must include at least
one 24-hour weekday count and one 24-hour weekend count for
purposes of estimating night traffic.

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The 18-hour counts shall be grossed up to 24 hour values in the same

proportion as the 18-hour/24-hour split on those days when 24 hour
counts have been undertaken.

The consultant shall also count the different traffic vehicle categories for
calculation of the equivalent axle loads.

Counts should be avoided at times when traffic activity is abnormal for

short periods due to public holidays, public functions, market days, etc.

The counts shall be carried out using the format as per traffic count
form attached as Annex 1.

Regarding traffic data, any available historical information on classified

traffic counts as provided by RA shall be studied.

(b) Origin and Destination Survey

A three-day 18 hour (minimum) Origin and Destination survey shall be

carried out at a location to be agreed with the Client. The OD survey
shall collect at least the following data:

i. Time

ii. Registration number

iii. Trip origin

iv. Trip destination

v. Trip type (i.e local, regional, international)

vi. Vehicle type (per the RA’s categories)

vii. Vehicle manufacturer and make

viii. Number of passengers

ix. Goods carried and quantity

A sample form for collection of OD data is attached as Annex 2

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(c) The Socio-economic Profile of the Project

The consultant shall describe the socio-economic profile of the project

road’s area of influence, taking into account accessibility of local residents
to:

 Workplaces

 Markets

 Key social services including health and education

(d) Traffic Forecasts

Traffic forecast shall be prepared for a 15/20 year period following opening
of the upgraded road to traffic.

The consultant shall estimate the nature and volume of traffic forecast to
use on the road by analyzing traffic counts, origin-destination studies and
the present volume of freight and passenger movements on the road
under study. The Consultant shall also identify, describe and quantify
existing and potential diverted and generated traffic. On the diverted and
generated traffic, it will be extremely important to consider trends on
recently upgraded roads as this will give a more realistic estimation of such
traffic once the road is opened.

The consultant shall make an annual traffic forecast for a period of 10

years after the upgrading of the road route and more general projections of
future traffic for the following 10 years.

The traffic forecast shall be given at three growth rates namely: low,
medium and high. The consultant shall use these three growth rates in
obtaining the economic internal rate of return (EIRR) of the project. The
consultant shall give his estimate of probability of occurrence of projected
growth rates and his rationale for the probabilities selected.

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(e) Economic Analysis

i. Vehicle operating costs shall be prepared by means of primary data

collection on current prices and values of, inter alia, vehicles, tyres,
crew and maintenance labour wages, fuel and lubricants. The
consultant shall produce the motorized transport road users cost
summary per vehicle km by vehicle class.

ii. The consultant shall identify and quantify Benefits using HDM-4 over
the analysis period. Benefits categories shall include key items
classified under road user effects in the HDM-4 terminology:

 VOC savings

 Passenger time savings

 Reduction in costs arising from accidents.

 Savings in road maintenance expenditure;

Any consideration given to significant changes in the alignments shall

be included within the framework of the economic analysis.

iii. It is important to note that the economic analysis shall include the
following cost items:

 Construction

 Supervision

 Maintenance

 Land acquisition and resettlement

 Environment mitigation and monitoring measures

 STD/HIV/other pandemic awareness and mitigation

component

 Safety awareness and mitigation measures.

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Part 2 - Section 6 Terms of Reference

iv. The Consultant shall calculate the NPV, IRR and First Year Rate of
Return including:

 All identified benefits

 VOC savings

v. The consultant shall carry out sensitivity tests for NPV and IRR with
reference to:

 Construction cost variations of +10% and +20%

 Variations of traffic levels over the life of the project of

+/-10% and +/-20%.

The sensitivity analysis shall include a switching value analysis for

construction costs and traffic levels.

The Consultant shall execute a stochastic risk analysis on the central

deterministic NPV and IRR estimates. The Consultant shall utilize a
recognized risk assessment software package to generate triangular type
probability distributions for those variables considered most likely to
influence project net benefits including investment costs and traffic growth.

4.1.3 Preliminary Engineering Design Investigations

The Consultant shall carry out the tasks as follows:

(a) Topographic Surveys

The Consultant shall promptly initiate and carry out the surveys of the
project road. Surveys shall use the UTM co-ordinate system and the
ARC-1950 datum consistent with Malawi topographic mapping System.

(i) Control Survey

 The control survey shall be carried out ahead of the

topographic survey. The collection of topographic survey
data shall not commence until the relevant section of the
control survey has been completed, checked and errors

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Part 2 - Section 6 Terms of Reference

redistributed according to normal survey practice. The

control survey shall require prior verification by the Client
on site.

 Control surveys shall be conducted using Optical or GPS

methods.

 The control survey shall originate and terminate at a

National Survey Beacon and shall take the form of an
open or closed traverse.

 The control survey shall establish intervisible beacons at

approximately 300m intervals along the entire length of
the project road. Beacons shall be located beyond the
expected limit of road and drainage works.

 Each beacon shall consist a steel pin 500mm in length set

in concrete monument 300mm x 300mm x 300mm. The
reference number of the beacon shall be scored indelibly
into the concrete. A sketch shall be prepared for the
location of each beacon and the co-ordinates of the
beacon indicated on the sketch.

 The level of each beacon shall be established by double

run spirit leveling. Ellipsoidal levels from GPS shall not be
acceptable.

 The Consultant shall provide photographic evidence of all

the control points used in the survey using the control
point data collection template attached as Annex 3.

(ii) Topographic Survey

The necessary topographic surveys shall be carried out in the

road reserve of the existing road. Sections will be surveyed to
form a Digital Ground Model (DGM sometimes called DTM)
representing the significant aspects of the landscape (road
centerline, edge of surfacing, edge of shoulder, top of ditch,
bottom of ditch, ditch liner, public utilities etc). The topographic
survey shall also capture all the properties, utility services and
crops/trees within the road reserve (the information shall be
linked to the property assessment in the resettlement
assessment plan). For rivers and major streams, the survey
shall be carried out a minimum of 250m upstream and
downstream and a width of 100 metres. The distance between
the cross sections shall be 25 metres for the road alignment
and 10 metres for the bridge survey. The proposed geometric
alignment is expected to generally follow the existing alignment

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with minimum improvements necessary to achieve the

minimum design standards, as agreed with the Roads
Authority (RA). The co-ordinates of all the intersection points
shall be tied into the National Survey Grid and levels related to
the National Benchmarks.

The following deliverables from the survey shall be presented

with the draft feasibility study report;

a. Schedule of all control beacons complete with beacon

sketches and co0ordinates;

b. DTM in AutoCAD format (dwg or dxf) defined using 3D

faces (AutoCAD mesh);

c. X, Y, Z data for all survey points in comma delimitated

ASCII format including all coding;

d. Existing plan and profile drawings 1:1000(H), 1:100(V) at

A1 size, reduced to A3 size;

e. Tabular presentation of the existing road vertical and

horizontal geometry.

In addition to the requirements outlined above, the consultant shall

follow and adhere to the checklist in Annex 4.

(b) Road Condition and Materials Investigation Survey

The influence of geology and the availability of road

construction materials and water are of major importance for
road construction costs.

The scarcity of conventional road construction materials and

the appropriate and economic usage of those available in the
general road route corridor are viewed as key factors
influencing the choice of pavement and surfacing design. The
potential for any specific problem associated with the use of
proposed materials must be investigated adequately and
appropriate measures recommended. The consultant shall
also carry out centre line soil surveys at reasonable intervals
as a basis for the establishment of subgrade conditions for
design purposes.

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Tests shall be carried out on the existing pavement materials to

determine the quality and suitability of the materials for use as
the subbase/subgrade for the rehabilitated/upgraded road. In
addition, material surveys, sampling and soils investigations
will be carried out on prospective borrow pits as potential
sources of materials for construction. These tests shall also be
carried out along any alternative alignments which have been
agreed upon.

Detailed soil investigations shall be carried out on all the types

of soils and materials in accordance with the current
internationally accepted standards such as AASHTO and
ASTM or BS1377:1990. Minimum frequencies of tests are to
be as follows:

 Dynamic cone penetration tests (DCP) shall be carried out

along the existing road at least every 200m with intervals
being shorter where there is a significant change in the
existing pavement layers and taking into account whether
the location is on the existing pavement or on a proposed
realignment. These shall be accompanied by the
respective moisture tests.

 Trial pits of adequate size shall be excavated every 1000m

along the alignment to correspond with DCP tests
described above with intervals being shorter where there is
a significant change in the existing subgrade material and
taking into account whether the location is on existing
pavement or on a proposed realignment. For each pit, each
pavement layer shall have field density tests done and the
material retrieved shall undergo plasticity tests, particle
size analysis tests, moisture/density tests, California
Bearing Ratio (CBR) tests. Adequate additional tests shall
be carried out to test the suitability of the materials for
stabilisation by cement or lime. The trial pits shall be
profiled and each shall be photographed with a measuring
stick/scale in the pit.

 Road roughness shall be measured along the alignment

and the data converted to give the International Roughness
Index.

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 Investigations for potential sources of materials for the

construction of the pavement, earthworks and structures
shall also be carried out and sites of potentially suitable
materials surveyed and shown in the materials section of
the engineering report. Testing and analysis shall be
carried out as necessary on the construction materials. The
Consultant shall make adequate tests to prepare
alternative designs of sub-base, base and wearing courses
with different materials, viz naturally occurring gravel
stabilized with cement or lime or blended with crushed
stone.

 Samples of potential construction materials shall be tested

where necessary for particle size distribution and plasticity
characteristics; linear shrinkage, maximum dry density and
optimum moisture content, aggregate crushing value, ten
percent fines value (dry and soaked state), bitumen affinity
and chemical analysis as required. Other relevant tests that
may be necessary as prescribed shall also be undertaken.

 Possible borrow pits shall be located as close to the road

as possible.

 At least one quarry as a possible source of aggregates

shall be located. The aggregates shall undergo the
necessary, grading tests, strength/ durability tests,
chemical tests, flakiness tests, bitumen adhesion tests and
other tests as necessary.

 The bulk samples shall be kept permanently marked until

after approval of the Detailed Engineering Design.

 Sources of water and fine and coarse aggregates for

construction purposes shall be investigated for quality and
adequacy in quantity.

 At major culverts and bridge sites, sub surface conditions

shall be assessed by the use of trenching, hand auguring
or drilling as required. In situations where bedrock is
encountered, the consultant shall carry out the relevant
rock quality tests.

 The materials testing arrangements and programme shall

be presented by the Consultant and approved by the Client
prior to the investigation and testing commencing.

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 The tests to be carried out shall include but not limited to

the following:

Fill and sub-grade

a) Grading

b) Atterbergs Limits;

c) Moisture/density relationship (AASHTO T180), and

d) California bearing ratio (CBR) and swell after 4-days

soaking for each typical soil type identified;

Potential gravel sources

a) Grading;

b) Atterbergs Limits

c) California bearing ratio

d) Lime/Cement stablisation for the sub-base

e) Mechanical modification for sub-base

f) Laboratory DN (For LVSR approach)

Potential sources of hard stone

a) Ten per cent Fines

b) Los Angeles Abrasion

c) Aggregate Crushing Value

d) Sodium Sulphate Soundness

e) Bitumen Affinity

f) Specific Gravity and Water absorption, and

g) Chloride and Sulphate Content.

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Sources of water and fine and coarse aggregates for construction

purposes shall be investigated for quality and adequacy in quantity.

(c) Hydrological and Hydraulic Assessment.

Hydrological investigations shall be carried out on all of the drainage

structures and their adequacy in terms of hydraulic capacity shall be
assessed. Where the structures are found to be hydraulically
inadequate, preliminary design shall be prepared for the new drainage
structures. The peak flood estimation shall be based on a comparative
assessment of results from at least three flood estimation formulae
applicable for the region.

The catchment areas, run-off factors and design discharge flows shall
be determined for each drainage structure and the corresponding
maximum water level established which shall be the basis for
determining the finished road level (after taking into consideration the
allowable free board and the bridge deck configuration. The flood
return period(s) utilized for the design of culverts and other drainage
structures shall be selected from an engineering and economic
analysis to determine the optimum period for the road and type of
structure from hydrographic data pertinent to the topography and
terrain through which the road is located.

The hydrological and hydraulic analysis shall also take into account
issues of climate resilience by among other issues checking the
sensitivity of the proposed drainage structures to higher flood return
periods than those specified in the design manual.

(d) Structural Condition Survey

The structural condition of all the existing drainage structures shall be

assessed. At major culverts and bridge sites, sub surface conditions
shall be assessed by the use of trenching, hand auguring or drilling
as required.

(e) Inventory of Road Furniture

An inventory of any existing road furniture shall be prepared.

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4.1.4 Preliminary Engineering Design - Design Approach

The consultant shall determine the design approach for the road (i.e. either
conventional design or LVSR design) based on the estimated design traffic.
This entails that traffic studies shall precede all activities. The recommended
design approach shall be submitted to the client for approval.

In order to minimize compensation costs on the project and also taking

advantage of consolidation effects on the existing road, the designed road
should follow the existing road unless agreed otherwise with the Client. Other
alignment options shall be investigated with comparison of cost estimates for
the proposed alternatives under consideration of EIA and RAP.

4.1.5 Preliminary Engineering Design

The Consultant shall carry out a preliminary design of the road project in
accordance with the relevant design guideline (SATCC Draft Code of Practice
for the Geometric Design of Trunk Roads September 1998 and the pavement
design has to be in line with the SATCC Code of Practice for the Pavement
Design.

i. Design Options and Standards

The consultant shall, based upon the results of the traffic studies and
projections and the preliminary engineering investigations, discuss and
recommend alternative design options, ascertain the merits and
demerits of each option, evaluate each in terms of the total transport
costs, compare them and select appropriate design standards for the
preferred road as follows:

ii. Design Speed

The consultant shall discuss and recommend the appropriate design

speed for the project road. Different design speeds may be applicable
on different sections of the road.

iii. Cross Section

The consultant shall discuss and recommend standard cross sections

for the cut and fill scenarios encountered on the project road and
recommend travelled way and shoulder geometry as well as a range of

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side slopes, ditch profile etc. to suit all situations. The cross section shall
have concrete edge beams thoughout the alignment.

iv. Design Life

The design life of the road shall be 15/20 years (whichever is

appropriate).

v. Axle Loading and Pavement Design

Taking the survey of the different traffic vehicle categories into

consideration the consultant shall make use of the appropriate traffic
equivalent factors in accordance with the SATCC pavement design
manual and guideline.

vi. Preliminary Design Drawings

The drawings (with a soft copy in AutoCAD) shall be produced to the

following scales in A3 sizes:

 Location plans: as part of the whole of Malawi 1: 1,000,000

 Additional location plans at a scale of 1:50,000.00

 Horizontal and Vertical Alignment 1: 2,000/200

 Typical Cross-sections with the proposed pavement design 1: 25

 General layout of bridge and drainage structures 1: 50

 Cross sections are to be taken at minimum intervals of 25m

Preliminary hydraulic and structural designs shall be prepared for all

suggested new bridges and drainage structures.

A schedule and location of all proposed new road furniture shall also be
compiled.

(c) Preliminary Cost Estimate

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The Consultant shall prepare an estimate of the construction costs based

on current unit rates for similar works and the estimated quantities of
work.

4.1.6 Road Safety Assessment

The Consultant shall gather basic statistics on the number of road accidents,
the number of deaths, and number of injuries for each kilometre or section of
the route for each of the previous three years. This data will be included, along
with national statistics and trends on road accidents, as an appendix to the
feasibility report. The feasibility report shall include a section on road safety,
indicating typical current problems along the existing route and outlining what
will be done within the project to enhance road safety. If alternative alignments
and standards are considered, the evaluation must cover the road safety
aspects.

4.1.7 Environmental and Social Impact Assessment

The Consultant shall conduct an Environmental and Social Screening and

then write a Project brief to Malawi Environmental Protection Authority in
order to get terms of reference that will be used to conduct and write
Environmental and Social Impact Assessment (ESIA) report in accordance
with the Environmental Management Act of 2017 and the guidelines which are
appended as Annex No 5, 8, and 9, including a full Environemental Mitigation
and Monitoring Plan (EMMP). In that regard, the Consultant shall also
consider the socio-economic implications of the proposed road
rehabilitation/upgrading works and make a preliminary assessment of the
number of persons that will be displaced, if any, and the amount of
compensation that will be required for structures, trees and other assets
including land, that will be affected by the upgrading works. The Consultant
shall also consult with affected persons and local community leaders.

4.1.8 Resettlement Action Plan

Depending on the outcome from Environmental and Social Impact Assessment

under Section 4.1.7, the Consultant shall prepare either a full or an abbreviated
Resettlement Action Plan (RAP) in accordance with the guidelines which are
appended as Annexes No. 6 and 7.

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4.2 Phase 2 – Detailed Engineering Design

The Consultant shall undertake the detailed engineering design as outlined

below.

4.2.1 Topographic surveys

(i) The Consultant shall confirm the computation and definition of the
geometric characteristic of the road along the centerline. Setting out
data shall also be given for points at regular intervals along curves and
the longer tangent alignments. Vertical alignment is to be checked and
defined.

(ii) The construction drawings will clearly define all the relevant setting out
details for all the various elements of the work.

4.2.2 Detailed Soils and Materials Investigations for major structures

(i) At bridge sites and or other major structures, sub surface conditions shall
be investigated by trenching, hand augering and/or drilling as required
including taking of undisturbed samples and standard penetrometer
tests.

4.2.3 Detailed Geometric Road Design

The Consultant shall further detail the preliminary horizontal and vertical
alignment for the upgraded road sections to ensure its compliance with the
standards as stipulated in the SATCC Draft Code of Practice for the Geometric
Design of Trunk Roads. The basis of the detailed geometric design shall be the
agreed preferred route during the preparation of the preliminary engineering
design.

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4.2.4 Pavement Design

The optimum pavement design for the new road, in particular under
consideration of availability of construction materials shall be confirmed after
discussions with the Client. For that purpose he consultant shall review the
traffic data collected with regards to traffic composition, occupancy and volume
counts. Forecasts for a life span of 15/20 years (whichever is appropriate) shall
include traffic of normal, generated, diverted traffic as well as future traffic
growth. The traffic forecast shall be given at three growth rates, namely: low;
medium and high. The correct assumptions for the growth rates are extremely
crucial for the pavement design and have to be discussed with the client. The
Consultant shall then use these three accepted growth rates in obtaining the
cumulative equivalent standard axles (ESAs) for the three scenarios. For that
discussion the pavement design shall be verified by comparison with at least
two other internationally accepted methods in order to produce an optimum
design for the project.

4.2.5 Structural Design

All existing data and the results of the field investigation for soils, foundations,
hydrology etc. shall be analyzed and used as the basis for the design of
drainage structures, which shall be supported by detailed hydraulic
computations and foundation designs.

The Consultant shall verify and develop the preliminary designs for bridge and
drainage structures and produce detailed designs in accordance with the draft
Bridge Design Specifications, November 1988, of the Ministry of Works and
Supplies in conjunction with the provisions of BS 5400: Steel, Concrete and
Composite Bridges, Parts 1, 2, 3,4,5,9 and 10 as appropriate and as amended
by the provisions of the relevant UK Department of Transport Memoranda.
Specifications and recommendations for materials and workmanship are given
in Parts 6, 7, 8 and 9.2 of BS 5400. These parts should be read in conjunction
with the SATCC Standard Specifications for Roads and Bridge Works.

The provisions of BS 5400 Part 2: loading, will be adjusted and amended in

consultation with the Roads Authority to take into account of local conditions
in Malawi. In implementing these adjustments and amendments due

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guidance shall be taken from the SATTC Draft Code of Practice for the
Design of Road Bridges and Culverts September 1998. Sections of BS 5400
Part 2 to which this paragraph particularly applies are as follows:

5.3 Wind load

5.4 Temperature

6.0 Highway Bridge live loads

4.2.6 Road Safety

a. Accidents Statistics

The consultant shall make contact with the Department of Road Traffic and
Safety Services and Malawi Police Stations along the project road to obtain
from them such accident statistics as may exist for the project road as well as
details of the main causative factors in accidents and the locations of known
accident black spots. Particular attention should be paid to accidents and
black spots involving non-motorized transport and pedestrians.

b. Road Safety Audit

The reconnaissance inventories will include the location and extent of

significant road side land use, particularly as it impacts on non-motorised road
use and related safety issues.

The Road Safety Audit shall consider aspects such as inferior road geometry,
poor sight distances, inadequate junctions or provisions for turning, slow
moving traffic, informal trading and in particular any history of accident or
known black spots.

4.2.7 Economic Assessment

The Consultant shall update the economic assessment prepared under Phase
1, taking into account the latest traffic data and the final estimated construction

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cost of the detailed design for the project. In the event of the interval between
Phase 1 and Phase 2 of the services being greater than nine months, the traffic
counts referred to earlier shall be repeated.

4.2.8 Bill of Quantities, Bidding Document and Cost Estimate

(a) Bill of Quantities

(iii) The Consultant shall conduct an Environmental and Social Impact

Assessment (ESIA) of the proposed preliminary engineering design in
accordance with the Environmental Management Act and the
guidelines which are appended as Annex No. 5, including a full
Environmental Mitigation and Monitoring Plan (EMMP). In that regard,
the Consultant shall also consider the socio-economic implications of
the proposed road rehabilitation/upgrading works and make a
preliminary assessment of the number of persons that will be
displaced, if any, and the amount of compensation that will be required
for structures, crops, trees and other assets including land, that will be
affected by the upgrading works. The Consultant shall also consult
with affected persons and local community leaders.

4.2.9 Work Programme and Cash Flow Forecast

In order to assist in preparing the required construction period and forward

budget needs, the consultant shall prepare a work programme and cash flow
requirements showing:-

 A bar chart showing the proposed sequencing and duration of the major
activities for the entire construction period.

 Anticipated monthly value of work executed presented in the form of an S-

curve.

In preparing this programme, the Consultant shall take into account the climatic
conditions prevailing in the areas concerned.

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4.2.10 Additional Services- Training of Client’s and other Staff.

a) Mentoring of Graduate Engineers

The consultant, through their key personnel, shall mentor two

graduate engineers nominated by the client during the
performance of the consultancy services. The mentoring of the
graduate engineer shall cover all aspects of the design process
from undertaking the various investigations, carrying out the
design and preparation of the tender documentation.

The Client will be responsible for all costs which will be incurred
by the graduate engineers during the mentoring period such as
transport and accommodation.

The consultant shall mentor the graduate engineers in all stages

of the project cycle such as Traffic Assessment, Topographic
Survey, Soil Sampling and Material Testing, Geometric Design,
Pavement Design, Hydrology and Hydraulic Analysis and
Design of Water Structures such as Bridges, Culverts etc,
Economic feasibility studies, Environmental and Social Impact
Assessments, Preparation of Bidding Documents and Road
Safety,

b) Training of Client’s staff and provision of training materials and

equipment

The consultant shall facilitate training for Client’s staff on specific

areas of road and bridge design. The Consultant shall identify a
qualified expert with hands on experience in a particular field
and will be responsible for his travel and accomodation
expenses. The expert shall be approved by the Client.The
expert will, in liason with the Client, determine the duration of
the training including the number of sessions. The training shall
include theory and practicals. The consultant shall be
responsible for paying for the venue for the training, lunch and

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refreshments and allowances for the staff to be trained. The

consultant shall provide training materials and equipment which
may include software design application.

The client shall identify the area of interest for training and shall
determine the number of staff to be trained.

At the instruction of the Client, the Consultant will be requested

to purchase tools, equipment and softwares and these will be
retained by the Client.The cost of these will be claimed under
the provisional sum in the financial proposal.

5.0 Key Professional Staff

The Consultant shall provide sufficient resources to carry-out all the services
required under this assignment phase and the input together with minimum
requirements for the key professional staff are as indicated below. All the key
professional staff should have graduate/first degrees as a minimum
qualification. The Consultant will be required to apportion the key professionals’
contingent and inputs to the technical proposal.

Man
Item DESCRIPTION
Month

1 12
TEAM LEADER/ HIGHWAY DESIGN ENGINEER

MATERIALS / PAVEMENT ENGINEER

2
9

STRUCTURAL ENGINEER
3
6

4 3
HYDROLOGIST

5 4
CONTRACT DOCUMENT SPECIALIST

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TRANSPORT ECONOMIST
6
4

ENVIRONMENTAL AND SOCIAL EXPERT

7
4

ENGINEERING SURVEYOR
8
5

The Consultant's personnel, nominated for this project, shall be suitably qualified and
experienced. As a guide, the following is an indication of the minimum level of training
and experience expected of the key members of the design team:

(a) Highway Design Engineer/Team Leader: with a minimum qualification of B.Sc. in

Civil Engineering, professionally qualified, and must have at least 15 years of
working experience in road works, and should have undertaken at least 10
feasibility study and detailed design projects as a Highway Design Engineer.

(b) Materials Engineer: with a minimum qualification of B.Sc. in Civil Engineering,

professionally qualified, and must have at least 10 years of working experience
in road works, and should have undertaken at least 6 feasibility study and
detailed design projects as a Materials Engineer.

(c) Structural/Bridge Engineer: with a minimum qualification of B.Sc. in Civil or

Structural Engineering, professionally qualified, and must have at least 10 years
of working experience in road works and structures, and should have
undertaken at least 6 feasibility study and detailed design projects as a Bridge
Engineer

(d) Hydrologist: with a minimum qualification of B.Sc. in Civil Engineering or

relevant discipline and must have at least 8 years’ experience in road works and
structures, and should have undertaken at least 6 feasibility study and detailed
design projects as a Hydrologist.

(e) Contract Documentation Specialist: with a minimum qualification of B.Sc. in Civil

or relevant Discipline, and must have at least 10 years of working experience in

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preparation of bidding document for road works, and should have undertaken at
least 6 feasibility study and detailed design projects as a Contract Document
Specialist.Demonstrable experience in the use of SATCC standards and
specifications as well as FIDIC Conditions of Contract.

(f) Transport Economist: with a minimum qualification of a Degree in Economics

and must have at least 8 years of working experience in road works or transport
infrastructure. Experience in economic appraisals of road projects using the
HDM-IV economic model is obligatory. The Transport Economist should have
undertaken at least 5 feasibility study and detailed design projects as a
Transport Economist.

(g) Environmental and Social Expert: with a Bsc. in Environmental Science and
Technology or its equivalent and must have 8 years of working experience, and
should have undertaken at least 5 feasibility study and detailed design projects
as an Environmental and Social Expert.

(h) Engineering Surveyor: Professionally qualified technician with Diploma in Civil

Engineering or Engineering Surveying and should have 8 years of work
experience, and should have undertaken at least 5 feasibility study and detailed
design projects as an Engineering Surveyor.

6.0 Timing

The Consultant shall draw up his own proposal for a time schedule, but shall make due
allowance for time required by the Authority to assess and approve documents submitted by
the Consultant, before subsequent project tasks can be commenced with. The following
schedule is to be used as a guide:

Report Report Description Delivery Duration

No.

i Inception Report 4 weeks after Commencement

Date

ii Comments on Inception Report 2 weeks

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by RA

iii Implementation of RA Comments 2 weeks

Iv Draft Feasibility Study Report 24 Weeks after Commencement

Submission Date

V Comments on Draft Feasibility 3 Weeks

Report by RA

Vi Implementation of RA Comments 3 Weeks

Vii Final Feasibility Study Report 30 Weeks after Commencement

Submission Date

Viii Comments on Final Feasibility 2 Weeks

Report by RA

Ix Implementation of RA Comments 2 Weeks

X Draft Detailed Design Report 42 Weeks after Commencement

Submission Date

xi Comments on Draft Detailed 3 Weeks

Design Report

xii Implementation of RA Comments 3 Weeks

xiii Final Detailed Design Report 48 Weeks after Commencement

Submission Date

The feasibility study phase and the detailed engineering design phases are expected
to be completed not later than forty eight (48) Weeks, including time for comments and
approvals by the Roads Authority and other key stakeholders.

7.0 Reporting Requirements

The Consultant shall prepare and submit the following reports and documents, in
English, in an approved format to the Client. The comments of the Client shall be
incorporated in the final version of the reports and documentation.

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Ten (10) hard copies and one (1) soft copy of each of the reports/documents listed
below shall be sent to the Client.

In addition, thirteen (13) sets of the final bidding documents in hard copy and one set in
electronic copy, shall also be provided. Six sets of drawings shall be provided with A1
size drawings and thirteen (13) sets with A3 size drawings.

7.1 Phase I: Feasibility Study with Preliminary Engineering Design

(a) Inception Report

The Consultant shall submit an inception report, including a quality assurance

plan, within four weeks of the starting date. This report shall outline the
Consultant’s mobilization, work plan, strategy, methodology and timetable of
the entire assignment.

(b) Draft Feasibility Study Report

The Consultant shall submit a draft feasibility study report at the end of 24
weeks from the date of commencement of the study as outlined under Section
7. The following volumes have to be included:

 Draft Economic Feasibility Report

The Draft Economic Feasibility Report should attempt to comment and discuss all
the elements of the entire Economic Feasibility study including the economic
calculations and analysis carried out and showing detailed results of the
economic feasibility under this stage, covering all the required elements
included under Section 4.1.2.

 Draft Preliminary Engineering Design Report

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A draft Preliminary Engineering Design Report covering all the elements included
under Section 4.1. Shall be submitted the report shall include details of the
services carried out and the outcomes of the preliminary design with emphasis on
soils and material investigation results, preliminary designs and cost estimates.
The Report should attempt to comment and discuss all the elements of the entire
Preliminary Design study over and above the preliminary design issues and
processes.

The report shall include the findings of the preliminary designs and cost
estimates, planning requirements of the socio-economic and environment impact
assessments. It shall include an executive summary, summarizing all the findings
and recommendations. This report will be presented including survey data,
drawings, maps, plans and diagrams in A3 size to be included in the Final Report.

 Draft Environmental and Social Impact Assessment Report

The draft Environmental and Social Impact Assessment Report shall be prepared
in accordance with Section 8 of the Guidelines for an Environmental Impact
Assessment of Proposed Road Works which are appended as Appendix No.1 to
these ToR. The report shall also include cost estimates and STD & HIV/AIDs and
other pandemic components. Ten copies of the report shall be submitted for
scrutiny to the Technical Council for the Environment of the Malawi Environment
Protection Authority (MEPA) for approval. This report shall be submitted together
with the draft feasibility study at the end of 24 Weeks from the commencement of
the services.

 Draft Full or Abbreviated Resettlement Action Plan

The draft full or abbreviated Resettlement Action Plan (RAP) shall be prepared in
accordance with Appendix 2 or 3 of these Terms of Reference whichever is
applicable. The RAP should address all typical issues as outlined under
Appendix 5 of these Terms of Reference. This report shall be submitted together
with the draft feasibility study at the end of 24 Weeks from the commencement of
the services.

(c) Final Feasibility Study Report

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After taking into account the Client’s comments on the draft feasibility study
report including the draft Economic Feasibility and Preliminary Design Report,
the Environmental and Social Impact Assessment Statement and the
Resettlement Action Plan, the Consultant shall prepare and submit the final
feasibility study report complete with plans and all documents. This report will be
presented including survey data, soils and material investigation results,
required drawings, maps, plans and diagrams in A3 size. This report shall be
submitted within 2 Weeks of receipt of the Clients comments

7.2 Phase II: Detailed Engineering Design

Under phase II of the assignment, the Consultant shall submit the following reports;

(a) Draft Detailed Design Report and Bidding Documents

The consultant shall submit a draft detailed engineering design report including
soil and material investigation and pavement design report complete with cost
estimates and accompanied by a set of the draft bidding documents and all
drawings, maps, plans and diagrams in A1 size. For major structures, the
consultant will submit all the calculations for the design as an appendix to the
report. The bidding documents shall be in accordance with the latest version of
the Roads Authority standard bidding documents. This report has to be
submitted after 42 Weeks from the date of commencement of the study.

(b) Final Detailed Engineering Design Report

After approval of the draft detailed design report, the consultant shall submit
the final report with a set of bidding documents, acceptable to the Client and
the Financiers. The drawings that will form part of the bidding documents shall
be in A1 size as well as reduced to A3 size. Thirteen (13) sets of the final
bidding documents in hard copy and one set in electronic copy (in pdf and
editable format), shall be provided. Also six sets of drawings shall be provided
with A1 size drawings and thirteen (13) sets with A3 size drawings.

This report shall be submitted within 3 Weeks after receipt of the client’s
comments. The consultant will also be required to submit an electronic copy
(USB flash drive) of the Final Detailed Design Report and bidding documents.

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Note: The consultant shall make a presentation of the preliminary design

report and draft detailed design report to the Roads Authority and
other relevant stakeholders at a meeting to be arranged in
consultation with the Roads Authority. The presentation for the draft
detailed design report shall be preceded by a joint site visit with the
Client.

8.0 Data, Services and Facilities to be Provided by the

Client

The Client shall provide the consultant with all requested and available data.

The Client will also assist in the facilitation for the co-operation of other government
ministries and agencies, departments and other agencies as required for carrying out
the works and in liaison as necessary for the same purpose. The Client will give the
Consultant assistance to gain access to all information required for the proper conduct
and completion of the studies.

9.0 Obligations of the Consultant

The consultant’s obligations shall include, but not be limited to the following:-

i. The Consultant shall employ well qualified and competent professional staff
at all times in the execution of this study.

ii. The Consultant shall make his own arrangements for all necessary office and
living accommodations, transportation, office and other supplies, computers,
computer software, survey equipment, engineering investigations, materials
testing, printing of reports and drawings etc. in connection with the services to
be provided. All costs have to be included in the Financial Proposal.

iii. Prior to commencement of the actual services, the Consultant shall formulate
a quality management system and procedures for implementation of these

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services in accordance with these Terms of Reference and accepted

professional practice.

10.0 Payment Schedule

The services will be executed on a Lump Sum Contract basis and the payment
schedule shall be as follows: -

 10% of the Contract Price shall be paid on submission and acceptance by the
client of the Inception Reports.

 30% of the Contract Price shall be paid on submission and acceptance by the
client of the draft Economic Feasibility and Preliminary Design Reports.

 10% of the Contract Price shall be paid on submission and acceptance by the
client of the Final Economic Feasibility and Preliminary Design Reports.

 30% of the Contract Price shall be paid on submission and acceptance by the
client of the Draft Detailed Design Report.

 20% of the Contract Price shall be paid on submission and acceptance by the
client of the Final Detailed Engineering Design Report.

Note: The consultant shall price the additional services under item 4.2.10 separately, and for
these services the payment schedule shall be as follows:

a) Mentoring of graduate Engineers

 Fifty percent (50%) of the Mentoring Cost shall be paid on submission and
acceptance of the training report at Draft Feasibility study reporting stage.
 The other 50% of the Cost shall be paid on submission and acceptance of the
training report at Draft Detailed Design reporting stage.

b) Traning of Clients staff

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A provisional sum, where training is applicable, has been included in the financial
proposal against which all training expenses will be paid on submission of receipts.

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ANNEX 1.DATA COLLECTION SHEET FOR CLASSFIED MANUAL TRAFFIC COUNT

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TRAFFIC COUNT FORM

MANUAL CLASSIFIED TRAFFIC COUNTS

Name of the Road (Start & End Description) Road No:_________ Date Day Weather GPS Reference
Link. No:
__________ Traffic Count
Survey Location dd / mm / yy Sunny Cloudy S
Station No:________
Zone: Special Feature: Rainy Foggy E
District Name :
Nearest Town ___________
______________ Any other Remarks:
_

Motorized Traffic
Non-Motorized Traffic
Passenger Vehicle Goods Vehicle
Landrovers, Three
Pickups Two Wheeler Mini-Bus Medium Bus Large Bus Light Truck, Medium Truck Heavy Truck Others
Landcruisers, Twin Cab Wheeler Semi-Trailer
Time/ Direction Tractor or Animal Remarks
(Motor ( >16 ≤50 Seats Trucks ≤ 3.0 (ST)/ Full Trailer
Saloon car 4 WD Tricycle (≤ 16 seats) ( >50 Seats ) ( 2-Axle ), ( 3-4 Axle ), Tractor & Bicycle Drawn /
Cycles) ) ton (FT) Count Axle
Trailer Hand Cart
Trucks > 3.0≤ 16 (5,6,…)
LOW BASE HIGH BASE Trucks > 16 tons
ton
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
e.g. Rain,
Market,
Time Dir. Accident,
Procession,
etc

_________
___ To
04 - 05
_________
__ To

_________
____ To
05 - 06
_________
____ To

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_________
____ To
06 - 07
_________
____ To

_________
____ To
07 - 08
_________
____ To

_________
____ To
08 - 09
_________
____ To

_________
____ To
09 - 10
_________
____ To

_________
____ To
10 - 11
_________
____ To

_________
____ To
11 - 12
_________
____ To

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Annex 2 - OD Survey

Date:

Station: Direction: From:

Interviewer: To:

CODES

VEHICLE TYPE TRIP PURPOSE LOAD TYPE VEHICLE LOADING ROAD CONDITION

1. Cars 1. Home 1. Construction materials 1. Loaded 1. Good

2. Pickup/ 4WD 2. School 2. Agricultural 2. Partially Loaded 2. Fair

3. Light goods vehicle 3. Workplace 3. Food 3. Empty 3. Poor

4.Medium goods vehicle 4. Shopping 4. Fuel

5. Heavy goods vehicle 5. Social 5. General TRIP FREQUENCY

6. Minibus 6. Serve passengers 6. Passengers To be recorded as

7. Conventional bus 7. Transporting goods number of trips per day or

8. Tractors 8. Other number of trips per week or

number of trips per month

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Time Reg. No. Vehicle Number Origin Destination Trip Purpose Trip Vehicle Load Road Would
Type of Frequency Loading Type Condition use road
People if
improved

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Annex 3 - Control Point Data Collection Template

Part 2 - Section 6 Terms of Reference

Annex 4 - Topographic Survey

Relevance of Topographic Survey to project under review (Y or N)

[NB This item cannot be effectively pursued until the proposed alignment has been determined.
Hence, if there is a Feasibility Study stage involving alignment selection then the item cannot be
commenced until the Feasibility Study has been completed, although Items 10.01 to 10.04 could be
undertaken prior to that milestone]

***

The following checklists present an outline of the procedures to be followed in undertaking

topographic survey for road projects.

***
Item 10.01 – Prepare Quality Assurance [QA] Plan for Topographic Survey

Relevance of this item to project under review (Y or N)

CONFIRMATION: Submitted:

Prepare Draft QA Plan for Topographic Survey

ACTIVITY:

The DCs [in collusion with their survey sub-contractor, if any] must prepare a QA Plan to describe
how topographic survey will be organised and managed in a realistic way for implementation and
achievement of the project objectives.

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***

The following checklist outlines the expected contents of the QA Plan. Other elements should be
included as appropriate to the specific project.

Job brief Relevant: Included:

Sub-contract arrangements: Particular importance must be attached to mutual Relevant: Included:

agreement of the QA Plan with any topographic sub-contractor in order to impart a
feeling of ownership, and thereby promote compliance

Job team, roles, and responsibilities Relevant: Included:

Communications management Relevant: Included:

Data / document management Relevant: Included:

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Coding system for survey features Relevant: Included:

Job methodology; including ensuring compliance with requisite accuracy specifications Relevant: Included:

Activity schedule Relevant: Included:

Resource schedule Relevant: Included:

Checking procedures Relevant: Included:

Preparation and submission of deliverables Relevant: Included:

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Client / stakeholder review and responding to comments Relevant: Included:

Progress monitoring Relevant: Included:

Other considerations:

 Relevant: Included:

 Relevant: Included:

 Relevant: Included:

 Relevant: Included:

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 Relevant: Included:

***

Item 10.02 – Review of Draft QA Plan for Topographic Survey

Relevance of this item to project under review (Y or N)

CONFIRMATION: Completed:

RA [and Donor(s), where applicable] comments on Draft QA Plan for Topographic Survey

ACTIVITY:

There should be a defined period in the Services Contract which will commence immediately upon
the submission of the Draft QA Plan for Topographic Survey during which period the RA and
[where applicable] the Donor(s) perform a review of the draft plan and [where considered
necessary] hold discussions with the DCs to clarify any points which require further explanation.

The comments arising from that review will be formally forwarded to the DCs.

***
Item 10.03 – Finalise QA Plan for Topographic Survey

Relevance of this item to project under review (Y or N)

CONFIRMATION: Submitted:

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Final QA Plan for Topographic Survey

ACTIVITY:

The DCs will receive the official comments of the RA and Donor(s) [as applicable].

They will finalise and formally submit the QA Plan for Topographic Survey to incorporate the
received comments or modification(s) of same following any subsequent discussion with RA for
the purpose of clarification or debate.

***
Item 10.04 – Implementation of QA Plan for Topographic Survey

Relevance of this item to project under review (Y or N)

CONFIRMATION: Confirmed:

Implementation of QA Plan for Topographic Survey

ACTIVITY:

The implementation of the QA Plan for Topographic Survey must be an on-going obligation on the
part of the DCs throughout the topographic survey work. The item can only be ‘signed off’ in the
above ‘Confirmation’ box upon completion of all topographic survey work.

***

Item 10.05 – Establish Detailed Network of Survey Control Points

Relevance of this item to project under review (Y or N)

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CONFIRMATION: Completed:

Establish detailed network of survey control points

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ACTIVITY:

The DCs will utilise “state of the art” equipment for all survey and setting out works and to facilitate
the ready transfer of digital survey data to the highway design / digital terrain model software.

The DCs must identify all existing triangulation beacons installed during previous studies [if such
exist], and national survey monuments in the proximity of the project area, and install additional and /
or replace existing damaged triangulation beacons, as necessary, to ensure adequate coverage of
the project area. These must be of robust construction typically comprising steel pins set in concrete
or alternatively set in holes drilled into solid immovable rock. The beacons will be located outside the
area to be occupied by the permanent works, shall be mutually inter-visible, and at spacing and
locations such that all secondary survey and setting out can be carried out from them. The beacons
must be conspicuously marked at the site of each, and location diagrams must be prepared for each.

The network must be linked to the National Survey Grid, and benchmarks to the National
Benchmarks system, where practicable. Where this cannot be practicably achieved a local
triangulation and / or benchmark level system may alternatively be established. However, it is vital
that such a systems be tied-in to carefully chosen, ‘indestructible’, and easily identifiable landmarks.
These basic reference landmarks must not be susceptible to damage or movement by agricultural
activity, erosion, flood, vandalism or any other such reasonably foreseeable threat. There must be a
redundancy in the number of such basic reference landmarks so that, in the unlikely event of one or
more actually being disturbed, there will be sufficient remaining to still enable restoration of the
system. THIS IS VITALLY IMPORTANT.

The accuracy of observations for the x [easting], y [northing] coordinates must be within 10 mm +
1 part per million e.g for 2 points located 5 km apart:

Acceptable deviation = 10 mm + 1 ppm

Distance = 5 million mm

Error = 10 + 1 x 5,000,000/1,000,000 = 15 mm

The accuracy for the z coordinate [elevation / reduced level] must be within 5 mm x  k [where k is
distance in km between successive beacons] e.g. for two points 5 km apart:

Error tolerance = 5 x  5 = 11 mm

***

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Item 10.06 – Compile Detailed Digital Terrain Model

Relevance of this item to project under review (Y or N)

CONFIRMATION: Completed:

Compile detailed digital terrain model

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ACTIVITY:

The DCs must carry out detailed secondary surveys using “state of the art” equipment. The surveyed
strip width must be sufficient to accommodate all the envisaged design components plus a margin
beyond so that the adjacent terrain configuration can, where relevant, influence the nature of the
nearby works. This is especially important in respect of roadside drainage. As a general indication,
the strip width should be about twice that of the nominal RoW width [but not less than 100m], to allow
for full control of all designed elements within the RoW and also for moderate modifications in
geometric alignment during fine detailing. Good judgment will be required with regard to the actual
selected detailed survey width to reflect degree of complexity of the alignment geometrics, and also
with regard to the need for additional coverage where dictated by special circumstances such as side
roads realignment, frontage [service] roads and other access roads, intersections, slip roads and
interchanges, grading and realignment of watercourses, and structures.

The DCs will record x [easting], y [northing], z [elevation] coordinates of all surface features. A coding
system for all features should have been outlined in the QA plan.

Judgement will be necessary on the frequency of ground points surveyed to create the contour string
lines based on the particular terrain but the intensity must be sufficient to accurately support 1/1000
scale mapping with a 1 metre contour interval for general design and 1/500 scale mapping with a
0.5 metre contour interval in special areas where a larger scale is required for clarity of presentation,
eg for such locations as those outlined in the last sentence of the first paragraph of this ‘Activity’ box.

The actual features captured in the topographic survey work will vary from project to project,
particularly between existing road rehabilitation and new road alignment, and these will require
agreement prior to commencement of the survey work.

Tolerances for detail survey:

Feature Tolerances [mm]
x and y z
Structures, buildings, asphaltic pavements ± 50 ± 25

Gravel pavements ± 100 ± 50

All others ± 200 ± 100

The following tabulation provides a comprehensive list of potential features for incorporation into the
Digital Terrain Model [DTM] from which the actual features surveyed should be selected and agreed
as per the requirements of the specific project. In the event of other features special to the project
area, and not listed, they should be added in the blank spaces provided

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National Survey trigonometric stations, with coordinates and all other details Relevant: Included:

Survey stations Relevant: Included:

Benchmarks, with coordinates and reduced level Relevant: Included:

Temporary benchmarks Relevant: Included:

Spot levels Relevant: Included:

Contours [normal, prominent] Relevant: Included:

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North symbol Relevant: Included:

Earthworks (General) Relevant: Included:

Embankments / cuttings, bottom and top Relevant: Included:

Watercourses [natural rivers, streams], upper edges and bottom profile Relevant: Included:

Areas of crops, including various types Relevant: Included:

Areas of woodland, including types of trees Relevant: Included:

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Grass [rough] Relevant: Included:

Scrub Relevant: Included:

Trees [small, medium, large] Relevant: Included:

Boundary strings Relevant: Included:

Centrelines Relevant: Included:

Road carriageways and edges Relevant: Included:

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Kerbs Relevant: Included:

Roadway drainage gulley Relevant: Included:

Shoulders Relevant: Included:

Verges, footpaths, and tracks Relevant: Included:

Road Signs [large, small] Relevant: Included:

Ditches, upper edges and bottom Relevant: Included:

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Culverts Relevant: Included:

Drainage manhole / catchpit [type], with invert level and size of pipework Relevant: Included:

Railway track, with track profile [all lines] for [say] 50m each side of alignment Relevant: Included:

Buildings [frontage, general, solid-sided, open-sided, type of wall structure, type of Relevant: Included:
roof]

Fences [various types] Relevant: Included:

Walls [low 0.1m - 0.5m, > 0.5m / various types] Relevant: Included:

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Gates Relevant: Included:

Overhead electricity cables and pole positions, including voltage Relevant: Included:

Electricity box [pillar] Relevant: Included:

Electricity chamber, including depth to cables Relevant: Included:

Pylon locations, including voltage carried Relevant: Included:

Water supply chamber cover, including depth to pipe and pipe size Relevant: Included:

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Water Meter Relevant: Included:

Stop Valve Relevant: Included:

Fire Hydrant Relevant: Included:

Overhead telecommunications cables, and pole positions Relevant: Included:

Telecommunications box [pillar] Relevant: Included:

Telecommunications chamber , including depth to top and bottom of cables Relevant: Included:

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Retaining walls Relevant: Included:

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Additional areas of survey at larger scale [see above ‘Activity’ box for this item] related Relevant: Included:
to such special circumstances as:

 side roads realignment,

 frontage [service] roads and other access roads,

 intersections,

 slip roads and interchanges,

 grading and realignment of watercourses, and

 structures.

Text Strings Relevant: Included:

Other features:

 Included:

 Included:

 Included:

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 Included:

 Included:

***

Item 10.07 – Conduct Road Cross Section Survey

Relevance of this item to project under review (Y or N)

Using appropriate road design software cross sections through the proposed road and ground profile
can readily be obtained from the DTM. Hence, for projects where the ToR requires the preparation of a
DTM it will not be necessary to undertake separate field survey to produce cross section information
for the proposed road at specific chainage intervals.

However, for projects where a DTM is not called for, such as a simple road rehabilitation without
geometric realignment, it may be more efficient and economical to undertake a cross section survey at
suitable intervals sufficient to accurately depict the profile of the existing road.

CONFIRMATION: Completed:

Road cross section survey

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ACTIVITY:

Where a road cross section survey is required as described above the typical cross section
interval would be 20 metres but this may require adjustment from road section to road section
depending on the severity of the existing road geometry or on such matters as extreme
topography, urban areas, junctions, property accesses, nearby structures, specific drainage
improvements etc.

Each cross section of an on-site cross section survey should extend over at least the full width of
the RoW, and also any adjacent ditches or drainage channels [even outside the RoW] should be
captured by the survey so that positive drainage can be designed for the location.

In the event of a project consisting of part new alignment and part simple rehabilitation the on-site
cross section information will be included in the overall DTM.

Where existing roadside utility lines will be affected by a road rehabilitation project then their
details must also be accurately recorded during the on-site cross section survey work, with the
parameters recorded as described in the previous item for the preparation of a DTM.

***

Item 10.08 – Alignment and Right-of-Way Staking

CONFIRMATION: Relevant: Included:

Alignment staked on site

CONFIRMATION: Relevant: Included:

RoW boundaries staked on site [ with property update]

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ACTIVITY:

Alignment and RoW staking must be effected using robust markers with high visibility markings
and the physical nature of the markers must be as approved by the RA.

In the case of a road rehabilitation project without realignment the existing RoW may remain
largely unchanged and, accordingly, it may not be necessary to stake out the RoW boundaries.

Where the project requires new RoW boundaries to be established due to realignment of an
existing road or for a new road alignment these must be staked out when their final details have
been determined. This is an essential component in the assessment and evaluation of land
acquisition and compensation. It should be noted that traditionally most roads have had a uniform
RoW width generally related to the class of road involved, which greatly simplifies the process of
staking out the boundaries. However, in some cases the more sophisticated roads of the present
and future, with their attendant special features, such as side roads realignment, frontage [service]
roads and other access roads, complex intersections, slip roads and interchanges, realignment of
watercourses, and complex drainage outfall facilities will commonly require many localised
additional areas beyond the nominal RoW width to accommodate those features.

Whilst the alignment should be staked out at the site as soon as it has been finalised, it is
important not to stake out the RoW boundaries before the final land areas required in each
location have been finally determined since modification and re-staking can cause distress to
project-affected people who are required to lose land and property.

Where involuntary resettlement (physical and/or economic displacement) will arise the alignment
and ROW staking much be coordinated with the resettlement and compensation action planning
process. This is particularly important to avoid opportunistic settlers moving into the area, looking
to benefit from compensation packages.

Concurrently with the staking process the DTM must be updated with any changes in property
features, to facilitate the most accurate subsequent inventory of property loss due to the project.

***

Item 10.09 – Conduct Verification Survey Checks

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Relevance of this item to project under review (Y or N)

CONFIRMATION: Confirmed:

Conduct verification survey checks

ACTIVITY:

Checking procedures are vitally important to ensure the overall accuracy and professional standards
of the topographic survey. These must include regular checking of instrument calibration, random
independent checks to validate the three dimensional accuracy of survey points, and site
reconnaissance to provide a visual appreciation of field conditions compared to the survey data.

Whilst this must be an on-going obligation on the part of the DCs throughout the topographic survey
work the item can only be ‘signed off’ in the above ‘Confirmation’ box upon completion of all
topographic survey work.

***

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Item 10.10 – Prepare Draft Topographic Survey Report

Relevance of this item to project under review (Y or N)

CONFIRMATION: Submitted:

Draft Topographic Survey Report

ACTIVITY:

The draft Topographic Survey Report will outline the methodology used by the DCs to carry out the
primary control survey and detailed secondary surveys and must include the following deliverables.

 Unedited digital files of all raw survey data for both the Primary Traverse and secondary
surveys together with legible copies of any field books / notes.
 Traverse layout drawing(s) and computations.
 Correlation with the Malawian topographic Grid System, where appropriate.
 The final x, y, z coordinates for all Control Points; point number, easting (x), northing (y),
elevation (z).
 Levelling computation sheets.
 Monographs for each triangulation beacon comprising a brief description of the location,
numeric photography, and triangulation data.
 The complete DTM in electronic format.
 Details of equipment calibration.
 Staffing of the topographic survey work.

The report and accompanying data must be prepared in a user-friendly manner for ease of
reference subsequently by the construction contractor and construction supervising consultants
during the construction stage.

***

Item 10.11 – Review of Draft Topographic Survey Report

Relevance of this item to project under review (Y or N)

CONFIRMATION: Completed:

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RA [and Donor(s), where applicable] comments on Draft Topographic Survey Report

ACTIVITY:

There should be a defined period in the Services Contract which will commence immediately upon
the submission of the Draft Topographic Survey Report during which period the RA and [where
applicable] the Donor(s) perform a review of the report and [where considered necessary] hold
discussions with the DCs to clarify any points which require further explanation.

The comments arising from that review will be formally forwarded to the DCs.

***

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Item 10.12 – Finalise Topographic Survey Report

Relevance of this item to project under review (Y or N)

CONFIRMATION: Submitted:

Finalise Topographic Survey Report

ACTIVITY:

The DCs will receive the official comments of the RA and Donor(s) [as applicable].

They will finalise and formally submit the Topographic Survey Report to incorporate the received
comments or modification(s) of same following any subsequent discussion with RA for the
purpose of clarification or debate.

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ANNEX 5

GENERIC CONTENTS OF AN ENVIRONMENTAL AND SOCIAL

IMPACT ASSESSMENT REPORT

The typical contents of an ESIA Report are presented hereafter. It shall be noted that the
presentation of the report may be adapted depending on the nature and specific
requirements of the project.

Executive Summary

This section shall present in a non-technical language a concise summary of the ESIA Report
with a particular attention on the processes and procedures used, baseline conditions,
alternatives considered, mitigation/enhancement measures, monitoring programme,
consultations with stakeholders, capabilities of environmental and social units and actions to
strengthen those capacities and associated cost implications. This Executive Summary shall
be written in English and a local language, if necessary, for public consultations.

Introduction

The introduction shall indicate the purpose of the ESIA, present an overview of the proposed
project to be assessed as well as the project’s purpose and needs. This section identifies the
project sponsor and the consultant assigned to carry out the ESIA. It shall also briefly mention
the contents of the ESIA Report and the methods adopted to complete the assessment.

Policy, Legal and Administrative Framework

This chapter concerns the policy, legal and administrative framework within which the ESIA is
carried out. It presents the relevant environmental and social policies of the country as well as
the national legal requirements and related constraints (e.g. practices that may discriminate or
exclude any stakeholder group) relevant to the project.

Project Description and Justification

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The first part of this chapter shall describe the proposed project and its geographic, ecological,
social, economic and temporal context, project location, various project components, capacity,
construction activities, facilities, staffing, working conditions, availability and source of raw
materials, production methods, products, schedule of works, land tenure, land use system,
potential beneficiaries, affected groups (directly and indirectly) and offsite investments that
may be required.

This section shall determine and characterise the anticipated liquid, solid and gaseous
discharges from the processes as well as the sources of nuisance such as noise, odours,
visual nuisances, etc. It shall indicate the need for any resettlement plan or vulnerable groups’
development plan. It shall at least include a map showing the project location and area of
influence.

The project justification should be based on combined economic, environmental and social
assessments. To this end, this chapter shall describe the current situation in the sector, explain
the problems or the needs to be satisfied by the project and present the constraints associated
with the project implementation.

Description of the Project Environment

This chapter shall first determine the limits of the study area that shall be defined in order to
encompass all project direct and indirect impacts. The description and analysis of the physical,
biological and human conditions shall be addressed. Relevant environmental and social issues
within this area, including any changes anticipated before project implementation shall also be
described.

Within the human environment, key issues that shall be considered include population
characteristics and trends, revenue disparities, gender differences, health problems, natural
resource access and ownership, land use patterns and civil society organisation level. For
further information on typical issues to consider in an ESIA, refer to

Annex 9.

It shall also address the interrelations between the environmental and social components and
the importance (value) that the society and local populations attach to these components, in
order to identify the environmental and social components of high value or presenting a
particular interest. Particular attention shall be given to the rare, threatened, sensitive or
valorised environmental and social components.

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The information presented shall be relevant to decisions about project location, design,
operations as well as environmental and social management. Maps, figures and tables shall
be included in this chapter to better illustrate the various environmental and social
components.

Project Alternatives

This part of the ESIA Report consists an analysis of various feasible alternatives of the
project including the "without project" option. It normally comprises two sections. The first
section identifies and describes the potential feasible alternatives that would allow reaching
the project objectives. The second section presents a comparison of the potential
alternatives on the basis of technical, economic, environmental and social criteria as well as
of public views and concerns.

The alternative comparison shall address the proposed project site, technology, design and
operation in terms of their potential environmental and social impacts and the feasibility of
mitigating these impacts. For each of the alternatives, the environmental and social impacts
shall be quantified as much as possible including their economic values where feasible. The
selected alternative shall be the most environmentally and socially sustainable taking into
account the technical and economical feasibility.

Potential Impacts and Mitigation/Enhancement Measures

This chapter presents a detailed analysis of beneficial and adverse impacts of various
components of the selected project alternative on the physical, biological and human (social,
cultural and economic) environments. The methodology of assessment, based on a rigorous
scientific method, shall be first presented. Then all environmental and social, direct and
indirect, short and long-term, temporary and permanent impacts shall be described and
assessed, indicating their importance levels and their probability of occurrence. The
importance levels may be assessed on the basis of the nature, extent, intensity and duration
of the impact, as well as on the sensitivity of the concerned environmental and social
components and perceptions of the public. Irreversible or unavoidable impacts shall be
clearly identified. Cumulative effects shall also be addressed taking into account other
projects or actions planned in the study area.

Appropriate mitigation measures shall be identified to prevent, minimise, mitigate or

compensate for adverse environmental and/or social impacts. Moreover, enhancement
measures shall be developed in order to improve project environmental and social

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performance. Roles and responsibilities to implement measures shall be clearly defined. The
cost of the measures shall be estimated, including the cost for environmental and social
capacity building and gender mainstreaming, if necessary. Residual impacts shall be
presented.

Environmental Hazard Management

Whenever relevant, this chapter shall describe the security measures and propose a
preliminary contingency plan for the construction and operation phases of the project (possible
contingency situations, major actions to properly react to accidents, responsibilities and means
of communications).

For projects that may cause major technological accidents whose consequences may exceed
the project site, the ESIA shall include an analysis of the technological accident risk:
identification of hazard and potential consequences, estimation of the consequences’
magnitude and frequency and risk estimation and evaluation.

Environmental and Social Monitoring Program

The first section of this chapter shall describe the surveillance measures aimed at ensuring
that the proposed mitigation and enhancement measures are effectively implemented during
the implementation phase. The second section concerns the environmental and social
monitoring activities designed to measure and evaluate the project impacts on some key
environmental and social components of concern and to implement remedial measures, if
necessary. Indicators, roles and responsibilities shall be clearly defined. The cost of the
programme shall be estimated, including the cost for environmental and social capacity
building, if necessary.

Public Consultations

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This chapter shall summarise the actions undertaken to consult the groups affected by the
project as well as other concerned key stakeholders including Civil Society Organisations. The
detailed record of the consultation meetings shall be presented in annex to the ESIA Report.

Conclusion

The Conclusion shall specify the environmental and social acceptability of the project, taking
into account the impacts and measures identified during the assessment process. It shall also
identify any other conditions or external requirements for ensuring the success of the project.

Annexes

i. List of the professionals and organizations having contributed to the preparation of the
ESIA Report.

ii. List of consulted documents including project-related reports.

iii. Baseline data referred to in the Report.

iv. Record of consultation meetings with primary and secondary stakeholders.

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Annex 6
OUTLINE OF A TYPICAL FULL RESETTLEMENT ACTION PLAN

1. Description of the Project, Project Area and Area of Influence

Provide a general description of the project and the area of influence.

2. Potential Impacts

Description of the project components or activities that would give rise to

resettlement, zone of impact of such activities and the alternatives considered to
avoid or minimize resettlement.

3. Organizational Responsibility

The institutional arrangements within the executing agency and provision of adequate
resources to the executing agency should be discussed and all inter-agency
coordination should be described. The capacity and commitment of the executing
agency to carry out the resettlement plan should also be evaluated. If necessary,
strengthening of the executing agency should be considered and the steps that will
be taken, together with a timetable and budget, should be described at the project
preparation phase. There should be considerable scope for involving the local people
and Non-Governmental Organizations (NGOs) in planning, implementing and
monitoring resettlement.

4. Community Participation

A description of consultations and participation of the displaced and hosts

communities in the design and implementation of the resettlement activities including
a summary of the views expressed and how these views were taken into account in
preparing the resettlement plan.

A review of the resettlement alternatives presented and choices made by displaced

persons, including choices related to forms of compensation and resettlement
assistance to relocating as individual families or as part of pre-existing communities
and to retaining access to cultural property (e.g. places of worship, cemeteries, etc).

Description of procedures for redress of grievances by people affected to project

authorities throughout the planning and implementation.

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5. Integration with Host Communities

Consultations with host communities and local governments and arrangements for
prompt tendering of any payments due to the hosts for land or other assets should be
provided to resettlers. Arrangements for addressing any conflict that may arise
between the resettlers and host communities should also be made.

Appropriate measures should be taken to augment public services (e.g. education, water,
health and production) in host communities to make them comparable to services provided
to resettlers.

6. Socio-economic Studies

(a) A population census covering current occupants of the affected area including
the description of the production systems, household organization, baseline
information on livelihoods and standards of living of the displaced population.

(b) An inventory of assets of displaced households, the magnitude of the

expected loss (total or partial) for individual or group assets and the extent of
physical and economic displacement.

(c) Information on disadvantaged groups or persons for whom special

provisions may have to be made.

(d) Provisions to update information on the displaced people’s livelihoods and

standards of living at regular intervals so that the latest information is
available at the time of their displacement.

(d) Description of land tenure systems including common property and non-title
based land ownership or allocation system recognized locally and related
issues.

(e) Public infrastructure and social services that will be affected

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(f) Social and cultural characteristics of displaced communities.

7. Legal Framework including Mechanisms for Conflicts Resolution and Appeals

(a) The applicable legal and administrative procedures including a description of

the remedies available to displaced persons in the judicial process and the
normal timeframe for such procedures and available alternative dispute
resolution mechanisms that may be relevant to the project.

(b) Laws and regulations relating to the agencies responsible for implementing
resettlement activities.

(c) Any legal steps necessary to ensure the effective implementation of

resettlement activities including a process for recognizing claims to legal
rights to land – including claims that derive from customary and traditional law
and usage.

8. Institutional Framework

(a) The identification of agencies responsible for resettlement activities and

NGOs that may have a role in project implementation.

(b) An assessment of the institutional capacity of such agencies and NGOs.

9. Eligibility

Definition of displaced persons and criteria for determining their eligibility for
compensation and other resettlement assistance including relevant cut-off dates.

10. Valuation of and Compensation for Losses

(a) The methodology to be used in valuing losses to determine their replacement

cost, a description of the proposed types and levels of compensation under
local laws and such supplementary measures to achieve replacement cost for
lost assets.

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(b) A description of the packages of compensation and other resettlement

measures that will assist each category of eligible displaced persons to
achieve the objectives of this policy.

11. Identification of Alternative Sites and Selection of Resettlement Site(s), Site

Preparation and Relocation

(a) Institutional and technical arrangements for identifying and preparing relocation
sites for which a combination of productive potential, locational advantages and
other factors are at least comparable to the ancillary resources.

(b) Procedures for physical relocation under the project including timetables for site
preparation and transfer.

(c) Any measures to prevent influx of ineligible persons at the selected sites.

(d) Legal arrangements for regularizing tenure and transferring titles to

resettlers.

12. Shelter, Infrastructure and Social Services

Plans to provide or finance housing, infrastructure (e.g. roads, water supply, etc) and
social services (schools, health services), plans to ensure comparable services to
host populations and any necessary site development.

13. Environmental Protection

An assessment of the environmental impacts of the proposed resettlement and

measures to mitigate and manage the impacts.

14. Implementation Schedules

An implementation schedule covering all resettlement activities from preparation

through implementation including target dates for achievement of expected benefits
to resettlers and hosts and terminating the various forms of assistance.

15. Costs and Budget

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Tables indicating breakdown of cost estimates for all resettlement activities including
allowances for inflation and other contingencies, timetable for expenditures, sources
of funds and arrangements for timely flow of funds.

16. Monitoring and Evaluation

Arrangements for monitoring of resettlement activities by the implementing agency

supplemented by independent monitors as appropriate to ensure complete and
objective information, performance monitoring indicators to measure inputs, outputs
and outcomes for resettlement activities, evaluation of the impacts of resettlement for
a reasonable period of time after the resettlement activities have been completed.

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Annex 7

AN ABBREVIATED RESETTLEMENT ACTION PLAN

1. A census survey of the expected size of the displaced persons, their socio-economic
status including the value of their assets and other sources of livelihood should be
carried out

2. Definition of displaced persons and criteria for determining their eligibility for
compensation and other resettlement assistance including relevant cut-off dates.

3. The displaced people and the host population should be consulted about acceptable
project alternatives and should be informed about project’s potential impacts on
them.

4. Description of compensation options to be offered and other resettlement assistance

to be provided should be documented and discussed with the resettlers including
their preferred choice. It would be preferable to use local NGOs in this process.

5. Institutional responsibilities for implementation of the resettlement plan including

involvement of NGOs in monitoring the plan should be established.

6. The schedules, budget and sources of funds should be agreed upon with the
executing agency.

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Annex 8

GENERIC CONTENTS OF AN ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN

An Environmental and Social Management Plan (ESMP) shall follow the Environmental
Impact Assessments Guidelines (1997).

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Annex 9

TYPICAL ENVIRONMENTAL AND SOCIAL ISSUES TO CONSIDER IN ESIA

Environmental and Social Impact Assessment studies shall address key crosscutting issues
in accordance with the Environmental Management Act, national legislation and policies as
well as Roads Authority Environmental and Social Management Guidelines in the Road
Sector. For donor funded projects, the consultant shall review donor’s policies and guidelines
on Environmental and Social safeguards. While assessment contents depend on the nature
and scope of the project, plan or program, there are typical environmental and social

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components in the human and natural environments that shall be considered. The following
components may not require to be thoroughly analyzed in ESIA studies, but their importance
and significance in relation to the nature and scope of the considered project, plan or
program shall at least be assessed.
1. Human environment

The components to consider in the human environment include the elements and
characteristics of the social, cultural and economic environments as well as
infrastructures and services and land use patterns in the project area and its zone of
influence.

2 Social Environment

2.1 Population

 Demographic situation: population size, age and sex composition, geographic

distribution, density, ethnic groups, literacy and education, languages, etc.

 Demographic trends (fertility, birth and mortality rates, growth, forecast, etc.) and
pressures/problems associated with demographic trends.

 Characteristics of poor people and other vulnerable groups: who they are, where
they live, employability level, economic activities, access to productive factors,
etc.

 Migration patterns (internal and trans-border) and problems associated with

migration (male migration, rural depopulation, urbanisation, refugees, ethnic
conflicts, etc).

2.2 Gender

 Gender perspective in legal and policy framework (marriage codes and law,
inheritance laws, property law, labour law, immigration laws, education and
health policy, agricultural and rural development policy, economic policy with
regard to gender budgeting; etc).

 Socio-cultural norms regarding the gender division of labour, rights and

responsibilities, access to and control over resources.

 Participation in decision making at all levels: family, community and national.

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 Existence and capacity of Gender/Womens’ machinery.

 Existence and capacity of Civil Society Organizations (CSOs) and women’s

organizations.

 Types of developmental programmes and projects targeting women and key

government agency and donors.

2.3 Health

 HIV/AIDS epidemiological situation, especially among the 15-24 and 25-34 years’
age groups.

 Malnutrition status, socio-economic characteristics of malnourished people,

initiatives targeting nutritional security.

 Communicable diseases (acute respiratory infection, diarrhea, cholera, malaria,

sexually transmitted diseases, etc): frequency, importance per age group and
sex, major causes, etc.

 Non-communicable diseases (lung diseases, cancers, heart diseases, mental

problems, poisoning, etc): frequency, importance per age group and sex, major
causes, etc.

 Tropical diseases (yellow fever, dracunculosis, onchocerciasis, etc): frequency,

importance per age group and sex, major causes, etc.

 Injuries and violent assaults, particularly against women, youth, elderly and other
vulnerable groups.

 Health and safety at work (work related injuries, contamination associated with
pesticide or fertilizer use, existing control programmes and regulations, etc).

 Environmental health issues (traffic accidents, air pollution, sanitation, water

supply contamination, etc): frequency, importance per age group and sex, major
causes, etc.

 Mortality (particularly maternal, infantile (under 1 year) and among children

(under 5 years)), morbidity and disability.

 Hygiene and health awareness.

2.4 Civil Society

 Composition and size of the Civil Society Organizations (local, regional, national
and international CSOs active in the study area): community-based

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organisations, non-governmental organizations, professional associations,

interest groups, women groups, religious groups, private sector associations, etc.

 Key decision makers at the local and regional levels.

 Dynamism of CSOs in the study area: spontaneous establishment of CSOs (no

government or donor funding), CSO survival when external funding decreases,
level of participation, success of sponsored projects, etc.

 Types of developmental projects and programs supported by key CSOs.

 Organisational structures of CSOs and co-operation mechanisms.

 Level of organisation of vulnerable groups (youth, elderly, vulnerable ethnic

groups, etc), poor and women and participation in political and community
activities.

2.5 Societal Framework

 Country’s position on human rights and gender equality and implementation

levels.

 National laws, policies and programmes aiming to address social problems,

particularly population growth pressures and inequalities.

 Governments’ priorities in terms of development (social, economic, institutional,

etc), especially in the study area.

 Governmental spending priorities and funds allocated to social sectors

(particularly primary education, preventive health care and nutrition programs).

 Governmental institutions and administrative structures.

 Capacities in the environmental and social sectors (including local, regional and
national institutions involved in the study area).

 Local and regional political and administrative structures (traditional and modern)
and their interrelations.

2.6 Cultural Environment

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 Cultural heritage: customs and traditions, traditional activities, fundamental

values, religious and/or ancestral beliefs, ethnic dialects, leisure, etc.

 Right and use of natural resources related to cultural practices (religious

sacrifices, traditional medication, etc).

 Cultural factors contributing to excluding some groups from development

benefits.

 Major concerns, opinions, interests, and aspirations of local populations;

 Environmental problems awareness, attitude towards nature.

 Architectural, archaeological and landscape heritage, as well as any other

heritage element protected or not by laws or regulations.

2.7 Economic Environment

 Major economic activities at the local and regional levels and growth trends.

 Relative importance of the formal and informal sectors.

 Primary sector activities in the region: agricultural production ( major crops,

production system, markets, etc), animal husbandry (herd composition, migration
patterns, major products, etc), mine production, etc.

 Secondary sector activities in the region: major industries, particularly

transformation industries for primary sector products, etc.

 Tertiary sector activities in the region: handcrafts, trading, tourism, financial

services, etc.

 Right, use and dependence on renewable natural resources (forests, water,

animals, soils, etc) and non-renewable resources (minerals, petroleum, gas, etc)
for income generation and self-consumption.

 Inequality patterns (per-capita income among major groups, wealth distribution,

rural-urban differences, etc) and poverty determinants (growth distribution,
employment situation, socio-economic constraints, etc).

 Economic differences between men and women, in particular in the division of

labour, income level, property rights, access to and control over resources,
employability, etc.

 Working conditions and employment situation in the region: active population,

unemployment rate, incomes and salaries, availability of qualified manpower, etc.

2.8 Infrastructures and Services

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 Energy sector: diesel access, electric network, affordability, etc.

 Communications: mail service, radio, telephone network (fixed and mobile),

internet access, television, affordability, etc.

 Transportation: road and trail network, railways network, waterways network,

ports, airports and air transport, transport conditions in different seasons, public
and private transportation means, isolation level, affordability, etc.

 Water supply: facilities (open wells, distribution systems, etc), ratio per capita,
water quality, affordability, etc.

 Waste and sanitation: management practices, facilities (sewage, disposal site,

etc), affordability, etc.

 Health services: facilities (hospitals, health centres, drugstores, etc), inputs

(drugs/pharmaceuticals), personnel, ratio per capita, affordability, etc.

 Education services: facilities (schools, classes, alphabetisation centres, etc),

material, personnel, ratio per capita, affordability, etc.

 Other services or programmes well implemented in the study area: organized

sportive activities, community centres, youth centres, delinquency reduction
programmes, etc.

 Supply of social services to poor people (education, health, water supply,

sanitation, food security, etc);

 Inequalities in service access.

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GENERAL CONDITION OF CONTRACT

Part 3 - Section 7 General Conditions of Contract

Section 7: General Conditions of Contract

Table of Clauses
A. General Provisions............................................................................................................. 105
1. Definitions............................................................................................................................. 105

2. Corrupt Practices.................................................................................................................. 105

3. Contract Documents............................................................................................................. 106

4. Law Governing the Contract................................................................................................. 107

5. Language.............................................................................................................................. 107

6. Notices................................................................................................................................. 107

7. Location................................................................................................................................ 107

8. Authorized Representatives.................................................................................................. 107

9. Taxes and Duties.................................................................................................................. 107

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10. Eligibility................................................................................................................................ 107

B. Commencement, Completion, Modification and Termination of Contract.....................107

11. Effectiveness of Contract...................................................................................................... 107

12. Commencement of Services................................................................................................. 107

13. Expiration of Contract........................................................................................................... 108

14. Modification.......................................................................................................................... 108

15. Force Majeure...................................................................................................................... 108

16. Termination........................................................................................................................... 108

C. Obligations of the Consultant............................................................................................109

17. General................................................................................................................................. 109

18. Conflict of Interests............................................................................................................... 109

19. Confidentiality....................................................................................................................... 110

20. Insurance to Be Taken Out by the Consultant.......................................................................110

21. Consultant’s Actions Requiring Client’s Prior Approval.........................................................110

22. Reporting Obligations........................................................................................................... 110

23. Documents Prepared by the Consultant to Be the Property of the Client..............................111

D. Consultant’s Personnel....................................................................................................... 111

24. Description of Personnel....................................................................................................... 111

25. Removal and/or Replacement of Personnel..........................................................................111

E. Obligations of the Client..................................................................................................... 111

26. Assistance and Exemptions.................................................................................................. 111

27. Change in Laws.................................................................................................................... 112

28. Services and Facilities.......................................................................................................... 112

F. Payments to the Consultant............................................................................................... 112

29. Contract Price and Currency................................................................................................. 112

30. Payment................................................................................................................................ 112

31. Payment Schedule and Advance Payment...........................................................................113

32. Payment Terms..................................................................................................................... 113

33. Price Adjustments................................................................................................................. 113

G. Settlement of Disputes........................................................................................................ 114

34. Amicable Settlement............................................................................................................. 114

35. Dispute Settlement................................................................................................................ 114

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Section 7. General Conditions of Contract

A. General Provisions

1. Definitions

1.1 Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
“Contract” means the Agreement entered into between the Parties and includes the
Contract Documents.
“Contract Documents” means the documents listed in GCC 2.1, including all
attachments, appendices, and all documents incorporated by reference therein, and
shall include any amendments thereto.
“Contract Price” means the sum stated in the Agreement representing the maximum,
total or estimated amount payable for the provision of the Services.
“Days” are calendar days; “months” are calendar months.
“Eligible Countries” means the countries and territories eligible as listed in the SCC.
“GCC” means these General Conditions of Contract.
“Government” means the Government of the Republic of Malawi.
"Member", in case the Supplier consists of a joint venture of more than one entity,
means any of these entities; "Members" means any of these entities, and "Member in
charge" means the entity specified in the SCC to act on their behalf in exercising all the
Suppliers’ rights and obligations towards the Procuring Entity under this Contract.
"Party" means the Procuring Entity or Supplier, as the case may be, and "Parties"
means both of them.
“Personnel” means persons engaged by the Supplier or by any Sub-consultant as
employees and assigned to the performance of the Services or any part thereof;
“Foreign Personnel” means such persons who at the time of being so engaged had
their domicile outside the Republic of Malawi; “Local Personnel” means such persons
who at the time of being so engaged had their domicile inside the Republic of Malawi;
and “Key Personnel” means those Personnel that are regarded by the Supplier as
essential to the successful completion of the Services and related tasks.
“Procuring Entity” means the Roads Authority of Malawi, purchasing the Services, as
specified in the Agreement, hereinafter called “the Client”.
“SCC” means the Special Conditions of Contract.
“Services” means the consultancy services to be performed by the Supplier as
described in the contract.
“Supplier” means the natural person, private or government entity, or a combination of
the above, whose proposal to perform the Contract has been accepted by the Procuring
Entity and is named as such in the Agreement, and includes the legal successors or
permitted assigns of the Supplier, hereinafter called “the Consultant”.
“Sub-consultant” means any natural person, private or government entity, or a

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combination of the above, including its legal successors or permitted assigns, to whom
any part of the Services to be provided is subcontracted by the Supplier.
“Time-Based contract” means a contract under which the Services are provided on the
basis of fixed fee rates and payments are made on the basis of time actually spent.

2. Corrupt Practices

2.1 It is the Government’s policy to require that Procuring Entities, as well as Bidders and
Consultants under Government financed contracts, observe the highest standards of
ethics during the procurement and execution of such contracts. In pursuit of this policy,
the Government:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) "corrupt practice" means the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value to influence the
action of a public official in the procurement process or in contract
execution;
(ii) "fraudulent practice" means a misrepresentation or omission of
facts in order to influence a procurement process or the execution
of a contract;
(iii) “collusive practices” means a scheme or arrangement between
two or more Bidders, with or without the knowledge of the
Procuring Entity, designed to establish prices at artificial,
noncompetitive levels; and
(iv) “coercive practices” means harming or threatening to harm,
directly or indirectly, persons or their property to influence their
participation in a procurement process, or affect the execution of
a contract.
(b) will debar a Bidder from participation in public procurement for a specified period of
time if it at any time determines that the firm has engaged in corrupt, fraudulent,
collusive or coercive practices in competing for, or in executing, a contract.
2.2 In pursuit of the policy defined in GCC Clause 2.1, the Procuring Entity may terminate a
Contract in accordance with GCC Clause 16 if it at any time determines that corrupt,
fraudulent, collusive or coercive practices were engaged in by representatives of the
Procuring Entity or of a Consultant, during the procurement or the execution of that
contract.

3. Contract Documents

3.1 The documents forming the Contract shall be interpreted in the following order of
priority:
(a) Contract Agreement, including all appendices;
(b) Special Conditions of Contract;
(c) General Conditions of Contract; and
(d) Terms of Reference

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(e) any other document listed in the SCC as forming part of the Contract.
3.2 All documents forming the Contract are intended to be correlative, complementary, and
mutually explanatory.
3.3 No amendment, modification or other variation of the Contract shall be valid unless a
Modification to Contract is made in writing, is dated, expressly refers to the Contract,
and is signed by a duly authorised representative of each party thereto.
3.4 If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity
or enforceability of any other provisions and conditions of the Contract.
3.5 Any action required or permitted to be taken, and any document required or permitted
to be executed, under the Contract by the Client or the Consultant may be taken or
executed by the authorised representatives specified in the SCC.
3.6 The Contract constitutes the entire agreement between the Client and the Consultant
and supersedes all communications, negotiations and agreements (whether written or
oral) of parties with respect thereto made prior to the date of Contract. No agent or
representative of either Party has authority to make, and the Parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set forth
herein.

4. Law Governing the Contract

4.1 This Contract, its meaning and interpretation, and the relation between the Parties shall
be governed by the laws of the Republic of Malawi, unless otherwise specified in the
SCC.

5. Language

5.1 This Contract has been executed in English, which shall be the binding and controlling
language for all matters relating to the meaning or interpretation of this Contract, unless
otherwise specified in the SCC.

6. Notices

6.1 Any notice, request, or consent made pursuant to this Contract shall be in writing and
shall be deemed to have been made when delivered to an authorised representative of
the Party at the address specified in the SCC.

7. Location

7.1 The Services shall be performed at such locations as are specified in the Terms of
Reference and, where the location of a particular task is not so specified, at such
locations, whether in the Republic of Malawi or elsewhere, as the Client may approve.

8. Authorised Representatives

8.1 Any action required or permitted to be taken, and any document required or permitted
to be executed, under this Contract by the Client or the Consultant may be taken or
executed by the authorised representatives specified in the SCC.

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9. Taxes and Duties

9.1 Unless otherwise specified in the SCC, the Consultant, Sub-consultants, and their
Personnel shall pay such taxes, duties, fees, and other impositions as may be levied
under the law of the Republic of Malawi, the amount of which is deemed to have been
included in the Contract Price.

10. Eligibility

10.1 The Consultant and its Subconsultants shall have the nationality of an eligible country. A
Consultant or Subconsultant shall be deemed to have the nationality of a country if it is
a citizen or constituted, incorporated, or registered, and operates in conformity with the
provisions of the laws of that country.
10.2 The Consultant and its Sub-consultants shall provide Personnel who shall be citizens of
eligible countries.

B. Commencement, Completion, Modification and Termination of Contract

11. Effectiveness of Contract

11.1 This Contract shall come into effect on the date the Contract is signed by both parties or
such other later date as may be stated in the SCC.

12. Commencement of Services

12.1 The Consultant shall begin carrying out the Services thirty (30) days after the date the
Contract becomes effective, or at such other date as may be specified in the SCC.

13. Expiration of Contract

13.1 Unless terminated earlier pursuant to Clause 16, this Contract shall terminate at the end
of such time period after the Effective Date as is specified in the SCC.

14. Modification

14.1 Modification of the terms and conditions of this Contract, including any modification of
the scope of the Services or of the Contract Price, may only be made by written
agreement between the Parties.

15. Force Majeure

Definition
15.1 For the purposes of this Contract, “Force Majeure” means an event which is beyond the
reasonable control of a Party and which makes a Party’s performance of its obligations
under the Contract impossible or so impractical as to be considered impossible under
the circumstances.
No Breach of Contract
15.2 The failure of a Party to fulfill any of its obligations under the contract shall not be
considered to be a breach of, or default under, this Contract insofar as such inability

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arises from an event of Force Majeure, provided that the Party affected by such an
event (a) has taken all reasonable precautions, due care and reasonable alternative
measures in order to carry out the terms and conditions of this Contract, and (b) has
informed the other Party as soon as possible about the occurrence of such an event.
Extension of Time
15.3 Any period specified within the Contract by which a Party is required to complete any
action or task, if as a result of Force Majeure, shall be extended for a period equal to
the time during which the Party was unable to perform the action or task.
Payments
15.4 During the period of their inability to perform the Services as a result of an event of
Force Majeure, the Consultant shall be entitled to continue to be paid under the terms
of this Contract, as well as to be reimbursed for additional costs reasonably and
necessarily incurred by it during such period for the purposes of the Services and in
reactivating the Service after the end of such period.

16. Termination

By the Client
16.1 The Client may terminate this Contract, by not less than thirty (30) days’ written notice
of termination to the Consultant, to be given after the occurrence of any of the events
specified in paragraphs (a) through (e) of this Clause 16.1 and sixty (60) days’ in the
case of the event referred to in (f):
(a) if the Consultant does not remedy a failure in the performance of its obligations under
the Contract, within thirty (30) days after being notified or within any further period as
the Client may have subsequently approved in writing;
(b) if the Consultant become insolvent or bankrupt;
(c) the Consultant fails to comply with any final decision reached as a result of dispute
settlement proceedings pursuant to GCC Clause 35;
(d) the Consultant, in the judgement of the Client, has engaged in corrupt, fraudulent,
collusive or coercive practices in competing for or in executing the Contract;
(e) if, as the result of Force Majeure, the Consultant is unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
(f) if the Client, in its sole discretion, decides to terminate the Contract.
By the Consultant
16.2 The Consultant may terminate this Contract, by not less than thirty (30) days’ written
notice to the Client, such notice to be given after the occurrence of any of the events
specified in paragraphs (a) to (d) of this Clause 16.2:
(a) If the Client fails to pay any monies due to the Consultant pursuant to this Contract and
not subject to dispute pursuant to Clause 7 within forty-five (45) days after receiving
written notice from the Consultant that such payment is overdue;
(b) If the Client is in material breach of its obligations pursuant to the Contract and has not
remedied the same within forty-five days (or such longer period as the Consultant may
have subsequently approved in writing) following the receipt by the Client of the

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Consultant’s notice specifying such breach;

(c) If, as the result of Force Majeure, the Consultant is unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
(d) If the Client fails to comply with any final decision reached as a result of dispute
settlement proceedings pursuant to GCC Clause 35.

Payment upon Termination

16.3 Upon termination of this Contract pursuant to Clauses 16.1 or 16.2, the Client shall
make the following payments to the Consultant:
(a) Remuneration pursuant to Clause 29 or 30 for Services satisfactorily performed prior
to the effective date of termination;
(b) Except in the case of termination pursuant to paragraphs (a) to (d) of Clause 16.1,
reimbursement of any reasonable cost incident to the prompt and orderly termination
of the contract, including the cost of the return travel of the Personnel and their eligible
dependents.
C. Obligations of the Consultant

17. General

17.1 The Consultant shall perform the Services and carry out its obligations with all due
diligence, efficiency, and economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe methods. The Consultant shall always act,
in respect of any matter relating to this Contract or to the Services, as a faithful adviser
to the Client, and shall at all times support and safeguard the Client’s legitimate
interests in any dealings with Sub-consultants or third parties.

18. Conflict of Interests

Consultant Not to Benefit from Commissions, Discounts etc

18.1 The remuneration of the Consultant pursuant to Clause 29, 30 or 33 shall constitute the
Consultant’s sole remuneration in connection with this Contract or the Services, and the
Consultant shall not accept for its own benefit any trade commission, discount, or
similar payment in connection with activities pursuant to this Contract or to the Services
or in the discharge of its obligations under the Contract, and the Consultant shall use its
best efforts to ensure that the Personnel, any Sub-consultants, and agents of either of
them similarly shall not receive any such additional remuneration.
Consultant and Affiliates Not to Be Otherwise Interested in Project
18.2 The Consultant agrees that, during the term of this Contract and after its termination,
the Consultant and its affiliates, as well as any Sub-consultant and any of its affiliates,
shall be disqualified from providing goods, works, or services (other than the Services
and any continuation thereof) for any project resulting from or closely related to the
Services.
Prohibition of Conflicting Activities
18.3 Neither the Consultant nor its Sub-consultants nor the Personnel shall engage, either

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directly or indirectly, in any of the following activities:

(a) during the term of the Contract, any business or professional activities in the
Republic of Malawi which would conflict with the activities assigned to them under
the Contract; or
(b) after the termination of this contract, such other activities as may be specified in the
SCC.
19. Confidentiality

19.1 The Client and the Consultant shall keep confidential and shall not without the written
consent of the other party hereto, divulge to any third party any reports or data, or other
information furnished directly or indirectly by the other party hereto in connection with
the Contract, whether such information has been furnished prior to, during or following
completion or termination of the Contract. Notwithstanding the above, the Consultant
may furnish to its Sub-consultant such documents, data, and other information it
receives from the Client to the extent required for the Sub-consultant to perform its work
under the Contract, in which event the Consultant shall obtain from such Sub-consultant
an undertaking of confidentiality similar to that imposed on the Consultant under the
Contract.

20. Insurance to Be Taken Out by the Consultant

20.1 The Consultant shall take out and maintain, and shall cause any Sub-consultants to
take out and maintain, at its (or the Sub-consultants’, as the case may be) own cost but
on terms and conditions approved by the Client, insurance against the risks, and for the
coverage, as shall be specified in the SCC.
20.2 The Consultant, at the Client’s request, shall provide evidence to the Client showing
that such insurance has been taken out and maintained and that the current premiums
have been paid.

21. Consultant’s Actions Requiring Client’s Prior Approval

21.1 The Consultant shall obtain the Client's prior approval in writing before taking any of the
following actions :
(a) entering into a subcontract for the performance of any part of the Services;
(b) appointing such members of the of the personnel not listed by name in the Contract;
and
(c) any other action that may be specified in the SCC.
22. Reporting Obligations

22.1 The Consultant shall submit to the Client the reports and documents specified in the
Terms of Reference in the form, in the numbers, and within the periods set forth in the
said Terms of Reference.

23. Documents Prepared by the Consultant to Be the Property of the Client

23.1 All plans, drawings, specifications, designs, reports, and other documents and software

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submitted by the Consultant in accordance with the Contract shall become and remain
the property of the Client, and the Consultant shall, not later than upon termination or
expiration of this Contract, deliver all such documents and software to the Client,
together with a detailed inventory thereof. The Consultant may retain a copy of such
documents and software. Restrictions about the future use of these documents, if any,
shall be specified in the SCC.

D. Consultant’s Personnel

24. Description of Personnel

24.1 The titles, agreed job descriptions, minimum qualifications, and estimated periods of
engagement in the carrying out of the Services of the Consultant’s Key Personnel are
described in the Contract. The Key Personnel and Sub-consultants listed by title as well
as by name in Contract are hereby approved by the Client.

25. Removal and/or Replacement of Personnel

25.1 Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Consultant, it
becomes necessary to replace any of the Key Personnel, the Consultant shall provide
as a replacement a person of equivalent or better qualifications.
25.2 If the Client finds that any of the Personnel have (i) committed serious misconduct or
have been charged with having committed a criminal action, or (ii) have reasonable
cause to be dissatisfied with the performance of any of the Personnel, then the
Consultant shall, at the Client’s written request specifying the grounds therefor, provide
as a replacement a person with qualifications and experience acceptable to the Client.
25.3 The Consultant shall have no claim for additional costs arising out of or incidental to any
removal and/or replacement of Personnel.

E. Obligations of the Client

26. Assistance and Exemptions

26.1 Unless otherwise specified in the SCC, the Client shall use its best efforts to ensure that
the Government shall:
(a) Provide the Consultant, Sub-Consultants and Personnel with work permits and such
other documents as shall be necessary to enable the Consultant, Sub-Consultants or
Personnel to perform the Services.
(b) Arrange for the Personnel and, if appropriate, their eligible dependents to be provided
promptly with all necessary entry and exit visas, residence permits, exchange permits
and any other documents required for their stay in the Republic of Malawi.
(c) Facilitate prompt clearance through customs of any property required for the Services
and of the personal effects of the Personnel and their eligible dependents.
(d) Issue to officials, agents and representatives of the Government all such instructions
as may be necessary or appropriate for the prompt and effective implementation of the
Services.

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(e) Provide assistance to the Consultant’s international personnel and, where applicable
international Sub-Consultants employed by the Consultant, to obtain registration or
obtain any permit to practice their profession in the Republic of Malawi.
(f) Grant to the Consultant, any Sub-Consultants and the Personnel of either of them the
privilege, pursuant to the laws of the Republic of Malawi, of bringing into the Republic
of Malawi reasonable amounts of foreign currency for the purposes of the Services or
for the personal use of the Personnel and their dependents and of withdrawing any
such amounts as may be earned therein by the Personnel in the execution of the
Services.
(g) Provide to the Consultant, Sub-Consultants and Personnel any such other assistance
as may be specified in the SCC.
27. Change in Laws

27.1 Unless otherwise specified in the Contract, if after the date of the Request for
Proposals, any law, regulation, ordinance, order or bylaw having the force of law is
enacted, promulgated, abrogated, or changed in the Republic of Malawi (which shall be
deemed to include any change in interpretation or application by the competent
authorities) that subsequently affects the period for completion of the Services and/or
the Contract Price, then such time period and/or Contract Price shall be
correspondingly increased or decreased, to the extent that the Consultant has thereby
been affected in the performance of any of its obligations under the Contract.
Notwithstanding the foregoing, such additional or reduced cost shall not be separately
paid or credited if the same has already been accounted for by a contract modification
or a price adjustment.

28. Services and Facilities

28.1 The Client shall make available to the Consultant the Services and Facilities listed in
the Contract.

F. Payments to the Consultant

29. Contract Price and Currency

29.1 The Contract Price shall be expressed as a specific amount or amounts in the
Agreement representing the estimated amount for a Time-Based contract.
29.2 Payments shall be made in the currency or currencies of the contract price, unless
otherwise specified in the SCC.

29.3 In consideration of the Services performed by the Consultant under the Contract, the
Client shall make to the Consultant such payments in such manner as is provided by
the Contract.

30. Payment

30.1 The Contract Price shall be an estimated amount, based on the Breakdown of Cost

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Estimates in the Contract.

30.2 Payment shall be made for the time actually spent and for reimbursable expenses
actually incurred by the Consultant in the performance of the Services.
30.3 Fees for the Personnel shall be determined on the basis of time actually spent by the
Personnel in the performance of the Services after the date determined in accordance
with the Commencement Date of the Services, or such other date as the Parties may
agree in writing, and at the rates specified in the Contract. Personnel time spent in the
performance of the Services shall include time for necessary travel via the most direct
route, at the rates detailed in the Contract, unless otherwise specified in the SCC.
30.4 Reimbursable expenditures shall include costs actually and reasonably incurred by the
Consultant in the performance of the Services, as specified in the Contract.
30.5 The Consultant’s total remuneration shall not exceed the ceiling amount stated in the
SCC. The Consultant shall notify the Client as soon as cumulative charges incurred for
the Services have reached 80% of the ceiling amount.
30.6 Separate invoices shall be submitted for fees and for reimbursable expenditure.
Invoices shall be supported by the documentation specified in accordance with GCC
32.2.

30.7 A final payment shall be made against submission by the Consultant of a final
statement, identified as such and approved by the Client. The final statement shall be
deemed approved by the Client ninety calendar days after receipt by the Client unless
the Client, within this period, gives written notice to the Consultant specifying in detail
deficiencies in the Services, the deliverables or the final statement.
30.8 Any amount which the Client has paid or caused to be paid which is in excess of the
amounts actually payable in accordance with the provisions of the Contract, shall be
reimbursed by the Consultant to the Client within thirty days after receipt by the
Consultant of a notice thereof. Any such claim by the Client for reimbursement must be
made within twelve months after receipt by the Client of a final statement approved by
the Client.

31. Payment Schedule and Advance Payment

31.1 All payments under the Contract shall be made in accordance with the payment
schedule specified in the SCC.
31.2 Unless otherwise stated in the SCC, where any payment is made in advance of any
deliverables as an advance payment, the payment shall be made against the provision
by the Consultant of a bank guarantee for the same amount, and shall be valid for the
period stated in the SCC.
31.3 Should the advance payment guarantee cease to be valid and the Consultant fails to re-
validate it, a deduction equal to the amount of the advance payment may be made by
the Client from future payments due to the Consultant under the contract.
31.4 If a Contract is terminated for any reason, the guarantee securing the advance may be
invoked in order to recover the balance of the advance still owed by the Consultant.

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32. Payment Terms

32.1 Unless otherwise specified in the SCC, payments shall be made by the Client, no later
than sixty days after submission of a request for payment by the Consultant.
32.2 The Consultant’s request for payment shall be made to the Client in writing,
accompanied by invoices and supporting documents. The supporting documentation
required shall be as specified in the SCC.
32.3 The Client shall notify the Consultant of the inadmissibility of a request for payment due
to an error, discrepancy, omission or any other reason so that the Parties may resolve
such error, discrepancy, omission or other fault and agree a solution to enable payment
of the corrected request for payment. The Client shall not unreasonably withhold
payment of any undisputed portion of a request for payment. Should any discrepancy
be found to exist between actual payment made and costs authorised to be incurred by
the Consultant, the Client may add or subtract the difference from any subsequent
payments.
32.4 If the Client has delayed payments beyond fifteen (15) days after the due date stated in
the SCC, interest shall be paid to the Consultant for each day of delay at the rate stated
in the SCC.

33. Price Adjustments

33.1 Prices charged by the Consultant for the Services performed under the Contract shall
not vary from the prices quoted in the Contract, with the exception of any price
adjustments authorised in the SCC.

G. Settlement of Disputes

34. Amicable Settlement

34.1 The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Contract or its interpretation.

35. Dispute Settlement

35.1 Any dispute between the Parties as to matters arising pursuant to this Contract that
cannot be settled amicably within thirty (30) days after receipt by one Party of the other
Party’s request for such amicable settlement may be submitted by either Party for
settlement in accordance with the laws of the Republic of Malawi.

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SPECIAL CONDITIONS OF CONTRACT

Part 3 - Section 8 Special Conditions of Contract 145

Section 8: Special Conditions of Contract

The following Special Conditions of Contract (SCC) shall supplement the General Conditions
of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over
those in the GCC.

GCC Clause Special Conditions of Contract

GCC 1.1 The Procurement Reference Number for the contract is: RA/CON/CR/UN-
MN/UP/2024-25/34

GCC 1.1 The Eligible Countries are those described in Section 5 of the Request for
Proposals document.

GCC 3.1 GCC 3.1 is ammended in its entirety as follows:

The documents forming the contract shall be interpreted in the following order
of priority:

 Agreement

 Notice of Acceptance

 Minutes of Contract Negotiations

 Special Conditions of Contract (SCC)

 General Conditions of Contract (GCC)

 Terms of Reference

 Technical Proposal with Standard Forms T4, T5, T6

 Financial Proposal with Standard Forms F2, F3, F4

GCC 4.1 The Contract shall be governed by the laws of Malawi

GCC 5.1 The language of the contract shall be English.

GCC 6.1 The addresses for Notices are:

For the Client:

Roads Authority

Functional Building

Off Paul Kagame (Chilambula) Road

Private Bag B346

Part 3 - Section 8 Special Conditions of Contract

Lilongwe 3

Attention: The Chief Executive Officer

E mail: [email protected]

For the Consultant: (Insert Name)

Street Address: (Insert)

Town/City: (Insert)

Country: (Insert)

Telephone: ………………………………

Email:………………………………………

GCC 8.1 The Authorised Representatives are:

for the Roads Authority Eng. Ammiel Champiti, Chief Executive Officer

for the Consultant: (Insert Name and position)

GCC 11.1 Date of signing of the contract by both parties (Insert)

Add the following to this clause:

Termination of Contract for Failure to Become Effective

If this Contract has not commenced within 30days after the effective date, either
Party may, by not less than twenty two (22) days written notice to the other
Party, declare this Contract to be null and void.
GCC 12.1 The Consultant shall commence the Services 14 days after the date the
contract becomes effective.

GCC 13.1 The period for expiration of the contract is: 12 months after the Commencement
Date.

GCC 16.1 Add the following sub-clause 16.1(g) :

(g)
If the Consultant fails to act, in respect of any matter relating to this Contract or
to the Services, as a faithful adviser to the Client, or fails to support and
safeguard the Client’s legitimate interests in any dealings with third parties. In
this case the Client shall give at least thirty (30) calendar days’ written notice of
termination to the Consultant.

Add the following sub-clause 16.1(h):

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If the Consultant does not perform the Services in accordance with the Contract
and the agreed Work Program for a period of thirty (30) days. In this case the
Client shall give at least thirty (30) calendar days’ written notice of termination to
the Consultant.

GCC 17.1 Add the following to this Clause:

If the Consultant fails to perform the Services and fails to carry out his
obligations with all due diligence, efficiency, and economy, in accordance with
generally accepted professional techniques and practices, thereby rendering
major elements of the designs unusable, then the following penalties shall
apply;
The consultant will be barred from participating in any design works with the
Roads Authority for a period of 2 years.

If the Consultant does not perform the Services in accordance with the Contract
and the agreed Work Program then a deduction of 0.1% of the Lumpsum
Contract Price per delayed calendar day shall apply. The maximum deduction
shall be 3% of the lump sum contract price.
GCC The following activities are prohibited: N/A
18.3(b)

GCC 20.1 The risks and coverage shall be:

(i) Third Party motor vehicle liability insurance in respect of motor vehicles
operated in the Client’s country by the Consultant or its Experts or Sub-
consultants, with a minimum coverage in accordance with the applicable
law in Malawi
(ii) Third Party liability insurance, with a minimum coverage in accordance
with the applicable law in Malawi
(iii) Employer’s liability and workers’ compensation insurance in respect of the
experts and Sub-consultants in accordance with the relevant provisions of
the applicable law in Malawi, as well as, with respect to such Experts, any
such life, health, accident, travel or other insurance as may be
appropriate.
(iv) Professional liability with a minimum coverage of 1.2 times the
professional fees.
(v) Insurance against loss of or damage to (i) equipment purchased in whole
or in part with funds provided under this Contract, (ii) the Consultant’s
property used in the performance of the Services, and (iii) any documents
prepared by the Consultant in the performance of the Services

GCC 22.1 Failure to submit reports whether at intermediate stages or overall in relation to
the time periods specified in the Terms of Reference shall result to imposition of
liquidated damages equal to 1/1000th (one thousandth) of the value of the
consultant’s contract for the relevant phase payable per day of delay up to a
maximum of 15% (fifteen percent) of the consultant’s contract price.

GCC 23.1 The future use of documents is restricted as follows: the document shall not be
used for the purposes unrelated to the contract without the prior written
approval of the Client

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GCC 29.2 Payments shall be made in Malawi Kwacha.

GCC 30.5 The ceiling amount is the Contract Price

GCC 31.1 The services will be executed on a Lump Sum Contract basis and the payment
schedule shall be as follows: -

 10% of the Contract Price shall be paid on submission and

acceptance by the client of the Inception Report.

 30% of the Contract Price shall be paid on submission and

acceptance by the client of the draft Economic Feasibility and
Preliminary Design Reports.

 10% of the Contract Price shall be paid on submission and

acceptance by the client of the Final Economic Feasibility and
Preliminary Design Reports.

 30% of the Contract Price shall be paid on submission and

acceptance by the client of the Draft Detailed Design Report.

 20% of the Contract Price shall be paid on submission and

acceptance by the client of the Final Detailed Engineering Design
Report.

Mentoring of graduate Engineers

 50% of the Cost on submission and acceptance of the Training

Report at Draft Feasibility study reporting stage.

 50% of the Cost on submission and acceptance of the Training

Report at Draft Detailed Design reporting stage.

Training of Clients Staff

A provisional Sum, where training is applicable, has been included in the

Financial Proposal against which all training expenses will be paid on
submission of receipts.

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GCC 31.2 An Advance Payment Guarantee shall be required in the format of the example
given in Section 9, Contract Forms, or similar approved in advance by the
Client.

The period of validity of the Advance Payment Guarantee shall be: 12 months

GCC 32.2 The following documentation shall be required to support requests for payment:

- Inception Report
- Draft Economic Feasibility and Preliminary Design Reports.
- Final Economic Feasibility and Preliminary Design Reports
- Draft Detailed Design Report.
- Final Detailed Engineering Design Report
- Training Reports
- Receipts

GCC 32.4 Interest shall be paid on late payments at the rate of:

Prime lending rate of the Reserve Bank of Malawi plus 1% or if not available the
Inter Bank Offered Rate and shall be calculated at simple rate.

GCC 33.1 This contract is not subject to price adjustment

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Section 9: Contract Forms

Part 3: Section 9. Contract Forms

Section 9: Contract Forms

Agreement 115
Advance Payment Security 117

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Part 3: Section 9. Contract Forms

Contract Agreement
This Agreement is made the…………. day of the month of ……………………… between
The Government of Malawi acting through the Roads Authority of Private Bag B346,
Lilongwe 3 (the “Client ”) and ……………………………………….. of
…………………………………………………… (the “Consultant” ).
WHEREAS

(a) the Client has requested the Consultant to provide certain consultancy services
(hereinafter called the “Services”) as defined herein and attached to this Contract;
(b) the Consultant having represented to the Client that it has the required professional
skills, personnel and technical resources, has agreed to provide the Services on the
terms and conditions set forth in this Contract;

NOW THEREFORE the parties hereto agree as follows:

1. The documents forming the Contract shall be in the order of priority and stated
below as follows:
 Agreement
 Notice of Acceptance
 Minutes of Contract Negotiations
 Special Conditions of Contract (SCC)
 General Conditions of Contract (GCC)
 Terms of Reference
 Technical Proposal with Standard Forms T4, T5, T6
 Financial Proposal with Standard Forms F2, F3, F4
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth
in the Contract, in particular:
(a) The Consultant shall carry out the Services in accordance with the provisions
of the Contract; and

(b) the Client shall pay the Consultant the Contract Price of
_____________________________________________________________
_____________________________________________________________
____________________________ (MWK____________________) or such
other sum as may become payable under the provisions of the Contract, at
the times and in the manner prescribed by the Contract.

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Part 3: Section 9. Contract Forms

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.

Signed by _____________________________________________________ (for the

Client)

Name: Eng. Ammiel Champiti, Authorised Representative

Position: Chief Executive Officer

Witnessed by:
______________________________________________________________

Name:
____________________________________________________________________

Signed by _________________________________________________ (for the

Consultant)

Name: ____________________________________________ Authorised

Representative

Position:
__________________________________________________________________

Witnessed by:
______________________________________________________________

Name:
____________________________________________________________________

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Note to Bidders: The Advance Payment Security should be on the letterhead of the issuing
Financial Institution and should be signed by a person with the proper authority to sign
documents that are binding on the Financial Institution.

Advance Payment Security

Date: [insert date (as day, month, and year) of Advance Payment Security]
Procurement Reference No.: [Insert Procurement Reference No]
To: [insert complete name of Client]
In accordance with the payment provision included in the Contract, in relation to advance
payments, [insert complete name of Consultant] (hereinafter called “the Consultant”)
shall deposit with the Client a security consisting of [indicate type of security], to
guarantee its proper and faithful performance of the obligations imposed by said Clause of
the Contract, in the amount of [insert currency and amount of guarantee in words and
figures].
We, the undersigned [insert complete name of Guarantor], legally domiciled in [insert
full address of Guarantor] (hereinafter “the Guarantor”), as instructed by the Consultant,
agree unconditionally and irrevocably to guarantee as primary obligor and not as surety
merely, the payment to the Client on its first demand without whatsoever right of objection
on our part and without its first claim to the Consultant, in the amount not exceeding [insert
currency and amount of guarantee in words and figures].
This security shall remain valid and in full effect from the date of the advance payment
received by the Consultant under the Contract until [insert day and month], [insert year].
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication
No. 758, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

Name: [insert complete name of person signing the Security]

In the capacity of [insert legal capacity of person signing the Security]

Signed: [signature of person whose name and capacity are shown above]
Duly authorised to sign the Security for and on behalf of: [insert complete name of the
Financial Institution]
Dated on ____________ day of __________________, _______ [insert date of signing]

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